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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 17113
Experience:  Licensed Texas General Practice Attorney
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We have employees that have been getting money from customers

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We have employees that have been getting money from customers and not entering it of the work order. They have been turning in false pay sheet to increase commissions, giving product away without approval to increase their up-sale commissions, giving customers false names, not doing the work as described on the work order for the customers, using company trucks for personal use falsifying mileage records on pay sheets. Do we have to pay them their last paycheck at what they have turned in falsely(they are job commission based) or can we just pay them minimum wage for the hours they worked in that pay period?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. You can't just pay minimum wage, although you don't have to pay the full amount reported (if you have good reason and belief to believe that they have not earned it). You should pay what is not contested by you and what you cannot prove what they're not entitled to... In short, only deduct what you can support if they take you to court.

ScottyMacEsq :

So basically pay what is not in dispute and what you cannot disprove, and withhold the rest. You can require more evidence as to their entitlement to the pay, etc..., and if they were to take you to court to get that pay, you could show that they would not be entitled to it.

ScottyMacEsq :

Again, then burden would be on you to show that they can't get it, not on them to show that they should. So only what you can prove they're not entitled to, should you keep off.

ScottyMacEsq :

If you come up with proof later on, after paying, you can sue them for the "overage" that was paid to them by their fraudulent behaviors.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

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