If i terminated an employee for embezzling and she is suing
If i terminated an employee for embezzling and she is suing for wrongful termination, overtime, no lunch, defamation, mental anguish etc., can i counter sue for the money she embezzled. If so, how much could i counter sue for if i only caught her one time?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Is the employment agreement "at will," union, full time or part time?Customer: "at will", non-union and full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no
I was recently let go from my job because I used a company
I was recently let go from my job because I used a company card. I have agreed to pay back what I owed in two installments. I have made the first installment payment successfully but I was relying on my last commission check to make the second and final installment. The company is witholding the commission check because they are now make false allegations of more wrong doing. What recourse do I have?
Counselor at Law
I'm in a complicated situation and don't know what type of
I'm in a complicated situation and don't know what type of legal advice I should be seeking but it originated as employment issues.I was the office assistant, which my employer has me doing office manager work, including processing payroll through ADP. She created an individual log-in for me through ADP Online to process payroll, my log-in was enabled to have full access to all payroll processing including setting up Direct Deposit. I had set up Direct Deposit for myself while I was still employed there.When I quit, I never again accessed anything from this employer, including the payroll system. It took a few back and forth emails and text, her claiming I never provided her my last signed time sheet and that's why it took her 3 weeks to pay me. At this time, is when she realized I don't get a physical check. She went crazy and started saying that I'm embezzling money from her or attempting to embezzle. I have only received what is my rightful pay, especially my last paycheck for the hours I worked. She then insisted that I stop the direct deposit from my bank, I did as she asked but my bank can't stop a deposit, only the originating bank can request that.Apparently, she told her bank that that particular deposit was "unauthorized or fraudulent" so her bank froze her account. She texted me, saying she had to pay $60 in fees to unlock her account and wanted me to pay her for those fees. In the text, she started saying she will sue ME & MY HUSBAND.In fact, in numerous emails and text, she would mention my husband. He doesn't know her, never met her, has nothing to do with her or her business. However, she likes to include him and part of the messages, saying she'll sue me and my husband.I provided a $60 money order and included a letter, stating the $60 money order is to compensate whatever fee she claims I'm responsible for. I also included that she needs to leave me along and that her constantly mentioning my husband a way of harassing my and him, meanwhile he doesn't even know her.She called me, left a voicemail. She was upset, and in the voicemail, she said my letter was insulting her and she stated that "yes she doesn't know my husband and that she never included my husband in any of this" and she will be taking me to court.I have proof, text messages and email, that clearly shows her mentioning my husband.My questions are:1. Is this something she can do, sue me for setting up direct deposit, meanwhile she made me the authorized payroll person with her company?2. What can I do about her mentioning my husband in these text and accusing him as part of some scam she thinks I was doing to her?
I am under investigative suspension at work due to corporate
I am under investigative suspension at work due to corporate card expenses. It is very serious. I did not admit guilt other than being incompetent. Should I resign on Monday when I meet with them or just admit and have them fire me?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: No
Attorney At Law
Doctor of Law w/ highest honors
Have unusual situation-am accountant condo assoc. 2 things
Have unusual situation-am accountant for a condo assoc. 2 things going on - Pres. of the BOD feels that the BOD has supreme power & has control over me because I have a contract with the assoc. There is a unit owner who is a total bully and is seeking to become a BOD member. For some reason, he has sought out to attack me, the accountant, and sent out an e-mail to 50 unit owners in the community stating & referring to me in the e-mail "not the least of which is a financial audit needs to be done to insure accountant wasn't involved in any improprieties. I want to think the best but did you read yesterday's newspaper about the embezzlement?" He was suggesting the possibility of embezzlement, which of course, there is none, and I responded to his letter. I did the letter in a very professional manner stating that in my 30 yrs f practice I had never be confronted with the possibility of an alleged crime such as embezzlement. My focus in the letter was don't assume and don't accuse unless you know it to be a fact. I further stated that they call for an audit and that I would fully cooperate, be open and transparent and that I wanted an apology from him for jumping to conclusions after the results were in. I sent copy of the letter to the BOD and now my problem is that the Pres. of BOD thinks I should have come to the Board about the unsubstantiated allegations. This bully who sent the e-mail has been causing problems for 2 yrs and the Board has not taken any measures to shut him up. My character was seriously being questioned, and if any one of the 50 people who received that e-mail know anyone I am currently doing business with, well, rumors spread like an infectious disease. Question -- I must answer the BOD president and want to state I was right in going direct to the source. My contract does not state that I cannot address a unit owner directly, and I feel an attack was made on my character, mu business, and I responded to the party making the allegation. I honestly believe the President of the BOD and the bully both are of the same meld - get drunk on power. Thanks.
I am a Family Nurse Practitioner and have been employed by a
I am a Family Nurse Practitioner and have been employed by a for-profit organization. I work in North Carolina which requires a collaborative practice agreement with a physician.I recently resigned from my position because of harassment and subtle threats from a member of administration. There is a long history of her abusive attitude toward me. This dates back about 10 years. While working in the same office with my collaborating physician, he was able to keep most of the interactions from getting too bad.Two years ago, I was pressured into opening a new clinic off site. Which after much discussion I finally agreed to to this. The new clinic involves a partnership with the local university and involves student participation in the clinical area.There have been multiple issues getting this new clinic off the ground including very little guidance from administration. I was never given clear direction about what the relationship between our organization and the university would be, what the clinical expectations would be or what the budget would be. There is no office manager on site.I began to embrace the idea of working in the university setting and helping students with clinical experiences. I even enrolled in school for my Doctorate of Nursing Practice and centered my research project and dissertation on the development of this program.A member of administration, the "market director" has approached me on several occasions to criticize my work in the clinic, she has also approached me to praise my work in the clinic. The interactions are always either HOT or COLD. I don't know what her job description is, she does not have a degree or a license, but she is the apparent supervisor of the physicians and nurse practitioners.Over the past year, (since I have been pursuing my degree) She has approached me on multiple occasions in an effort to undermine my education and practice. She made statements such as, "you have too many students in the clinic", " you can't do research activities while you are in the clinic" and most recently complained about schedule adjustments that I needed mostly because of activities SHE asked me to do -- like serving on committees. She wrote a strong email stating that there was too much time away from the clinic, I needed to balance my activities between the university and work better, and then attached a financial statement showing that the clinic was losing money.I responded to her email, taking each point she made and tried to counter her points with the reality of the situation, the reasons for the requested schedule adjustments and that I agreed productivity was low. (There have been very little marketing efforts made by the organization. The location is remote. I have had staffing problems since moving into the clinic. The first front office person I had did not have medical experience at all and did not have any idea how to speak to patients.) There are multiple other issues that have happened at the clinic to feed my desire for finding placement elsewhere.She then responded to me in red letters that I need to adjust my attitude and she wanted to see me in her office at 4:30. I responded that I wanted my collaborating physician present as he is my LEGAL supervisor in the eyes of North Carolina law. She said he was not allowed in the meeting because he is not my employer. She further stated that I was not to refer to her as a dictator. (Which I never did). I'm not sure what I did wrong at this point except ask for clarification from the many points she emailed me about earlier. Most of the issues I have are clinical issues and as I indicated earlier, she does not have a college degree or a license.Meanwhile, I emailed the CEO and gave my resignation. He offered to meet with me and the above administrator to discuss the issues that lead to my resignation. I replied that I did not wish to meet with her as I felt that the meeting would be argumentative. I would like to have my collaborating physician present. The CEO responded that there would be no such meetings. So I said, thank you for the opportunity to work with you, I am reinforcing my decision to resign.Since this happened, I was told by my collaborating physician that this woman went to my former office and told people there that I resigned because I am "crazy". There are also a couple of interesting pieces of history where this person was involved.About 8 years ago, the office manager embezzled $100,000 from the clinic and was let go because she and this administrator are close friends. Three weeks ago the office manager was asked to resign because she was forging narcotic prescriptions over the past year and was recently caught. No charges will be filed against her because she is friends with this administrator. Interesting you can break the law in this organization, but you can't ask for clarification.I've had to give up my work on my DNP
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
We had an employee who had some sort of a rage issue and
We had an employee who had some sort of a rage issue and locked other users from the company CRM, caused an email war on the topic, then resigned. The day after he resigned, he logged into the company CRM and stole over $2.5 million worth of customer lists, active transactions, and confidential financial information. Then, he filed a falsified reason for separation with the unemployment office. Then he filed a civil suit against the company for FLSA back wages.Prior to learning of any civil suit, the company began the process to file criminal charges for the theft in accordance with state law as well as a civil suit for damages. The plaintiff's attorney in this civil suit says that he will file additional charges for retaliation against the company if we pursue the criminal and legal charges of theft.The theft is not related to any claim of owed wages.The question is this: Does anti-retaliatory protection protect an ex-employee from a criminal act?
My daughter works company that owns several local dining
My daughter works for a company that owns several local dining establishments and one bed and breakfast. She discovered that her general manager was paying family members for hours that were not on their time cards and contacted human resources. After several months of this...they finally called the general manager to the corporate office. ..but only asked that he no longer employee the family members. As soon as this happened he began paying a person 29 hours a week that has not worked there in 3 months. She is very upset about this but feels once again this will be swept under the rug. She is uncomfortable in the situation and doesn't know what to do. Is there something that the irs can do...or should she contact the labor board...she is concerned she will be terminated.