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Recent Embezzlement questions

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

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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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.

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Samuel II

Attorney

Doctoral Degree

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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

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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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?

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Patrick, Esq.

Doctoral Degree

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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.

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Lucy, Esq.

Juris Doctor

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29,518 satisfied customers
In my job as manager of a recreational resort, I had two

In my job as manager of a recreational resort, I had two board members who were admonished in writing by owners and guests for showing up at a private event (quilting party) and mouthing off to the ladies while drinking. They went on to tell the ladies that I should have not allowed their gathering and that I would be replaced. It was part of my job as manager to oversee the use of the ranch for activities that the owners wanted to hold (weddings, family reunions, club meetings, etc.).Both of these directors were censored by the rest of the board members, but instead of apologizing and owning their mistake in judgment, they denied the incident ever took place. One of the directors was the president, and the other was the treasurer.This was the start of continued harassment, and retaliation.The treasurer stood in front of the owners who were attending the monthly owners' association meeting and stated that he had "discovered" a huge discrepancy in the accounting and that monies were missing. Three owners had been allowed to buy out the balance of their shares for small fee and the ranch had lost 'thousands" of dollars as a result. I was accused of misappropriating funds after it was pointed out to answer a question posed by the other director's wife that , no, this wouldn't exactly be embezzlement since I hadn't taken the monies.The buyout had been a practice that had been put in place prior to my taking over as manager. The only difference was that I had each of the three remaining owners pay a $500 one time buyout price and continue to keep the share and make payments on the assessments. The ranch runs on the assessments paid by the owners. A few owners had financed their shares with the original developer and he had turned these over to the owners' association when they bought him out. I had followed the procedures that were already in place and all three buyouts had to be signed off and signatures notarized by two board members. The treasurer failed to mention that he had been one of the directors signing off on the buyout.The president of the board conducted the investigation and failed to report that she had also signed off on one of the buyouts, as had the other director who was involved in the quilting incident. I was demoted, but allowed to finish my contract time at the same rate of pay. An election was held in August and both directors were out. The president was reelected (no one else ran), but she was removed as president. Things were up in the air, but I was still working, but now at a lower rate of pay and completely removed from management by the previous board. I now had to do the shopping for the ranch (a job I did not do as manager) and in the process, I fell during a rainstorm (slipped on oil in a parking lot) and broke my hip. I am now on workman's comp after a botched surgery left me with one leg 1 1/2 inches shorter than the other and the back pain is unbearable. My six months is up next week, and I am very concerned. The new manager is not forthcoming with any information for me.Had the board conducted an investigation with other players involved, I do not believe I would have been demoted. My honesty and integrity have been questioned in an open meeting, and it has cost me a great deal of humiliation and physical pain and suffering.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,296 satisfied customers
I am a general manager at a family run corporate restaurant.

I am a general manager at a family run corporate restaurant. I have recently uncovered that the business has been altering data to avoid taxes and in the process denying me my entire bonus (% of cash revenue). I have all information in hand that proves my case. I am planning to write a check for the difference without their immediate knowledge since I know they will deny any claims. Should they attempt to take legal action, what should I be prepared for and how will my case stand in court? It should also be noted that my employment contract was verbal and no terms were ever signed on but there is proof that bonuses were issued for the agreed % monthly. Thanks!

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
I was recently terminated from and Go. I once had access

I was recently terminated from Kum and Go. I once had access to a workday account. It appears they deleted my account. I lost all my paycheck stubs. Is this lefal?JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I was recently terminated from Kum and Go. I once had access to a workday account. It appears they deleted my account. I lost all my paycheck stubs. I am unsure about the details of my final check. I have no idea what happened with my 401k account. They have removed my access to my employee workday profile. Are they allowed to take block me from my personal info?JA: Is there anything else the Employment Lawyer should be aware of?Customer: I have had an issue with a manager telling customers I am being investigated for embezzlement a complete lie. So wanting t know the steps to defamation of character? I contacted the main office over the matter, right to an email the president of the company and nothing was doneJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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RobertJDFL

Attorney

Juris Doctorate

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11,824 satisfied customers
My daughter had a felony about 6 yrs ago and has been working

My daughter had a felony about 6 yrs ago and has been working for a company about 5 yrs now that knew she had a felony and hired her. She has been promoted to manager since. Last week someone in the company told upper management that this was on her record and they actually had a meeting of all the other managers discussing her personal information and have since demoted her. She has been an A+ employee all this time now she is being shunned by everyone. Is this legal?

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Ely

Counselor at Law

Juris Doctor

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62,860 satisfied customers
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