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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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what would be considered employer fraud and not fall under

Customer Question

what would be considered employer fraud and not fall under bankruptcy laws...I have an L&I claim against me and will lose do to no time records and employee claiming 45,000 in the last years wages owed.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.

Hi Customer,

Employer fraud per the Bankruptcy court means the employer 1) knowingly and intentionally lied, or otherwise made a misrepresentation to acquire the debt, 2) the creditor believed the lie(s), 3) and the creditor sustained damage because of the lies.

All 3 conditions must be present for there to be fraud, and not receiving wages is considered to be damage.

Edited by cfortunato on 9/8/2010 at 9:01 PM EST