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Question

We are an employer that has paid expenses that we now feel are fraudulent...aside from other legal cival and criminal remedies, is there a mechanism within the Labor Board or some such agency to file this grievance...in the State of California

Submitted: 374 days and 23 hours ago.

Category: Employment Law

Value: $45

Status: AWAITING CUSTOMER ACTION

San Diego County, California

Already Tried:
Numerous requests for documentation of the expenses in question...no reply...We would like to proceed through the correct State department if possible...We know that we can file civil suit, or even make a criminal report...

XXXXX@XXXXXX.XXX

Accepted Answer

Thanks for your question. No this is criminal and civil here. You can file a civil suit against the employee if there was overpayment or fraud. And you can prosecute here criminally for fraud as well.

But there is no labor regulation that covers here under California law. It is handled within the courts here noth civilly and criminally. You have a good case to recover civilly if they don't prosecute.

If they take this matter for prosecution then they will recover your losses as part of either a plea here or sentencing after trial. you certianly have the means to recover here. You may need a lawyer here to threaten prosecution to recover the disputed reimbursement.

The lawyer can issue a demand for repayment . You want to try and collect the overpayment here and shoud do so in the matter. I wish you good luck and sympathy for the situation..

Here is lawyer referal through the bar..

1-866-442-2529 or 866-44-CA-LAW
(toll free in California)

415-538-2250
(from outside California)

Lawyer Referral Services Program (LRS)
The State Bar of California
XXX XXXXXX XXXXXX
San Francisco, CA 94105
e-mail: LRS@calbar.ca.gov
Phone: XXX-XXX-XXXX

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Edited by rayanswers on 11/13/2008 at 11:40 PM

Accepts:
Expert:	rayanswers
Pos. Feedback:	100.0 %
Answered:	11/13/2008

Employment Law Answer Team

Employment Law Expert

374 days and 23 hours ago.

Reply

Just to confirm...No Labor Board action or such???

Posted by rayanswers 374 days and 22 hours ago.

Answer

I could not locate on thier site any category that this would fall under. It'e really more of a civil/criminal recovery here. They only deal in hours and wages.You should try to recoup here in both places..

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