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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20395
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I work with a org. Via an agency, there a problem when I submit

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I work with a org. Via an agency, there a problem when I submit the timesheet to the agency some of the working hours didn't match, and I got paid for. Now the org. Found out they told me they need to contact HR so they will contact my agency but they are not sure weather they will contact police or no. What should if they contact the police ? If I'll get arrested, criminal record? Jail time? It's possible to pay them back as a solution?
Philadelphia, pa

Thank you for the information. Are you saying that you falsified your time sheets and that you were paid for work you didn't do? If so, do you have any idea about how much money that would amount to? Are you prepared to pay it back?
Customer: replied 4 years ago.
They said some of the time you leave early & some you call out or they cancel the shift but I forget to correct before send it to the agency .. I send it the paper sometimes before end of the week so get paid on time, its around $2500 I can make monthly payment if it possible, for like 2 or 3 months, the manger & supervisor spoke to me & they said they need to find with HR & contact my agency then contact me after that.
Hello again and thank you for the additional information. I can only go on what you tell me and assume that you have shared what you know about this. In other words, I will assume that you have not intentionally falsified your timesheets. If that is the case, then the worst that will happen is that you will likely be terminated and you will have to pay the overpayment back. It would be virtually impossible to prove that you intentionally stole time unless you told someone you were doing so or there was a clear pattern that you were intentionally padding your timesheet.

Even if they could prove this, very rarely would a prosecutor take this case to prosecute, it is just too difficult to prove beyond a reasonable doubt that you intentionally stole time. If it was charged,it would be a misdemeanor and the most punishment you would receive would be a fine and probation while you paid the money back.

So, the biggest threat to you is loss of your job and being sued for the money if you don't pay this back right away.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 4 years ago.
Ok the big problem is I admit & says yes I did it to the 2 managers in that surprise meeting. what you advice for my next step, should I offer anything or wait for my agency to call me.. do you think there's an option for monthly payment?
Hello again and thank you for your reply. Yes, that is a big problem. If you admitted that you did this intentionally, then although it still isn't likely that you will be prosecuted, it would certainly make it easier for the State to prove the case if they have an admission from you. I would not make any more statements admitting that you did anything intentionally from here on out to anyone.

If you think it will help your case if you immediately offer to pay the money back, then you might call your managers or your agency and make the offer. Otherwise, you can wait and see what happens. The company doesn't have to accept payments for this and I have no idea if they will or not. If they just want their money, then they might agree. However, they may demand it all right now and if you refuse, they might either file suit or file criminal charges. So, if there is any way you could get the money legally from someone that could help you, that is what you should consider doing.
Customer: replied 4 years ago.
So in that case should I get a lawyer or its not going to make a different. Thank you for your help.
If you are told that your employer is going to file criminal charges, then you need to immediately sit down with a criminal defense attorney and plan your defense. Also, if you are served with a law suit you will want to find a local civil attorney to assist you. Otherwise, it is up to you whether you have an attorney in the ready to try to negotiate with the employer. However, if you don't have $2500, then you won't want to spend extra money on an attorney unless you are being sued or charged with a crime.
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