Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

Over paid illegal at work for months did not report it administration

found out about it what...
Over paid illegal at work for months did not report it administration found out about it what can they do tome
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
5/5/2013
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 35,276
Experience: Employment Law Expert
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, are you a union employee?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Yes


 

Thank you

And is the concern you will be terminated? Or just loose the overpayment?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Terminated and prosecuted

Prosecuted??

They have filed criminal charges?

What is the charge?? Are they claiming you committed fraud somehow?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

The person paying me committed fraud I excepted it so even though I denied that I knew she was doing it they swy I just as guilty as she is


 

Customer reply replied 4 years ago

Waiting for response

Very sorry...I was called away on a minor emergency...just a moment please I will type it up Ma'am
Ask Your Own Employment Law Question
Again, sorry for the delay...I was called away unexpectedly.

What you describe could be criminal misconduct. Depends on what you knew and what you did...

In order to be a crime (that can lead to a criminal conviction and criminal sanctions like prison or fines) the state must be able to prove, beyond a reasonable doubt, that you took some action to assist with the crime.

So, for example, if you helped this person commit fraud (and steal money from the company)?

Then they state could take you to a criminal trial and try and prove that.

But just knowing about a crime and not reporting it, in most cases, is not a crime.

Now...there are some "grey areas"...for example, if your job was to oversee the finances of the company and you "looked the other way" to allow the theft? That would be a crime.

And even if your job was not directly related to finance in the company, if you knew that someone else was stealing from the company, and you benefited from that and did nothing? That may be something the state could prosecute.

It really depends on context.

If you are questioned by the police, you will want to consider invoking your right to remain silent...no good reason to give a statement and potentially incriminate yourself.

To prove theft, they have to prove you assisted in some way...

Simply not reporting would not be enough to be considered a crime in most cases.

Now...can they fire you?

That is up to the union rules...if you are part of a union the union will have rules that control how they can or can not fire you. But even if they can not prove a crime, if there is evidence that you knew of misconduct and benefitted from it, that is likely enough under the union rules to terminate. You would want to talk to your union representative to discuss your appeal rights under the union rules.

BotXXXXX XXXXXne: To find you guilty of a crime they have to prove that you assisted in some way...if they can not do that? Then they will not be able to convict. you.

Again, sorry for the delay...please let me know if you have more questions regarding this.



P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 35,276
Experience: Employment Law Expert
Verified
P. Simmons and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 35,276
35,276 Satisfied Customers
Experience: Employment Law Expert

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My husband had an auto accident on 6/30/17 driving a van
My husband had an auto accident on 6/30/17 driving a van while working for his employer. Just today he got a letter stating he is beiNg terminATEd because he has not been relase to return to work yet.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I have a relocation agreement with my current employer and
I have a relocation agreement with my current employer and if I terminate my employment I'm subject to repayment percentage based on my months of service up to 24 months. If I terminate my employment … read more
socrateaser
socrateaser
1,031 satisfied customers
I filed a discrimination compliant against my employer. The
I filed a discrimination compliant against my employer. The case is before Miami EEOC judge; since July. No hearing has been set up. How long does it take to get a hearing in Miami? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Can my supervisor reduce my pay i only work 24 hrs.a week
can my supervisor reduce my pay i only work 24 hrs.a week and bring home $355.00 every other week i cannot make ends meet. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been abused by the school district I work in for the
I have been abused by the school district I work in for the last 30 years. Because of our weak union I have had to endure sexual harassment, discrimination due to sexual orientation and blatant bullyi… read more
P. Simmons
P. Simmons
Lawyer
35,276 satisfied customers
I(Black female) was employed by a corporation that I left
I(Black female) was employed by a corporation that I left because of unfair treatment. I was recommended for a supervisor position by my manager (previous Supervisor retired). Corporate decided not to… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,081 satisfied customers
I work full time. I am 68 years and have had Medicare and
I work full time. I am 68 years young and have had Medicare and Tricare since I turned 65. My company pays me Health and welfare. I was covered by Medicare and Tricare for life. I would like to know i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal legal an employer to put un employee under a
Is it legal legal an employer to put un employee under a cervelance camera with out the consent of the employee … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband is from Ireland and is a lawful permanent
My husband is from Ireland and is a lawful permanent conditional resident. He was working for a company until Nov 6th and was suddenly fired without warning.. citing a "misconduct" charge.. setting so… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
My son works for an insurance company that was split off
My son works for an insurance company that was split off from a larger firm, leaving 100 employees. He was paying $40 a month for benefits. He got an email on Friday, saying in January his plan would … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Under the ACA can an employer over 50 employees offer a
Under the ACA can an employer over 50 employees offer a small management group a higher percent of an insured health care premium? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
State of CT. I work in a 180 bed nursing home. What is the
State of CT. I work in a 180 bed nursing home. What is the nurse ratio to residents on a 60 bed unit with 2 or 3 CNA on 11-7 … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
My husband was written up because he was short an hour of
My husband was written up because he was short an hour of work in a week. He does not punch a clock and is an exempt employee. They have said he must work 50 hours a week to catch up on work that is b… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,081 satisfied customers
Well I had a very rough night tonight with an assistant
Well I had a very rough night tonight with an assistant manager. He was unhappy and yelled at me (not talked to me, I mean YELLED at me) in front of customers and said very derogatory things. He becam… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I was hired by a non profit agency, at interview I was told
I was hired by a non profit agency, at interview I was told the wage was $12.00 per hour. Before I started they let me know it was $13.00 hr. Seven hours per day, 35 hours per week. After a few months… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
State Fund compensation insurance 2nd audit dispute "Denial"
State Fund compensation insurance 2nd audit dispute "Denial" I have an audit from state fund whose handles my workers compensation insurance for my employees. This audit takes place once or twice a ye… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In the state of Delaware is there any law which protects an
In the state of Delaware is there any law which protects an employee against verbal abuse from an employer … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about working hours/days and accruing
Good morning. I have a question about working hours/days and accruing leave. Where I work, we work 12 hour shifts. We only accrue fours hours annual leave for the first six years we are there and then… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x