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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I live in California. I work in a DUI agency as a secretary.

Customer Question

I live in California. I work in a DUI agency as a secretary. We take cash/credit card payments. My co-worker and I do daily bank deposits (she does them most of the time). Last month, some money was missing. So what happened is Friday 5/13/16 morning, she processed the deposit and she noticed that it wasn't a big deposit as usual, but she just thought to herself that perhaps Thursday night's class didn't receive a lot of payments. The Friday after (5/20/16), the deposit was normal. She went to check off the book (carbon copy receipts) for that particular program and noticed that the receipts from the previous Thursday (5/12/16) were not checked off so she assumed she forgot to check them off (not remembering that the Friday before the deposit was smaller than usual, that should have been a red light), so she didn't report that to our main office (Accounting). The Monday after that (5/23/16), our corporate office calls us to let us know that they received the 5/20/16 deposit receipts, but they are missing a bunch of receipts. When my co-worker went to check the receipt book, she realized what happened. Those were the receipts she assumed she forgot to check off, when in reality they were never in the deposit box. We looked everywhere. We asked the counselor who took the payments, if perhaps he might have forgotten to drop the money in the safe box and put it somewhere else (which he'd never done before), but he said he always puts the money in the safe box as soon as he's done collecting the payments (besides, by then, more than a week had passed so it was almost impossible to know what really happened). So yesterday I received an email from our boss that there will a polygraph test administered to my co-worker, the counselor, and myself. I'd like to know what my options are. First, I absolutely 100% had nothing to do with the disappearance of this money. But I am nervous. I've never had a polygraph test done before and I'm worried my nervousness might get the best of me. Second, I feel that this is unfair because that Thursday night (5/12/16) when this payments were taken and supposedly put in the safe box, my co-worker and I were not even here (we get off at 5:30pm, these payments were taken after 5:30pm). There were also other counselors working that night. I feel that they should all be tested (there is also a huge possibility that the counselor who took the payments dropped the receipts with the money and that a client picked them up and took them). What can I do about this?
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.

Many times in employment law situations the law is not in favor of the employee. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.

On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.

I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.

With that understanding, do you want me to discuss this in more detail with you?