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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5565
Experience:  Exclusively practice labor and employment law.
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I am accused of falsifying my timesheet and resigned. Can

Customer Question

I am accused of falsifying my timesheet and resigned. Can the employer come after me criminally in NC?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: I am concerned that they may take criminal action against me.
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

In theory they could make a complaint for embezzlement. That being said in most these cases if the amount isn't extremely large (six figures or more) the police either tell the complainant that it's a civil matter that they have to pursue in civil court or the prosecutor doesn't find cause to open the matter for charges and warrant for arrest. Stealing hours as such, as opposed to drafting or depositing phony checks to yourself, rarely if ever is charged. Ultimately the answer to your question is - probably no. If the amount is not very high the employer probably would not be successful in having you criminally charged.

Customer: replied 11 months ago.
worst case if not in the low thousands, it would not be worth their time? They are saying low dollars. Less than 5k at the worst. That is an exaggerated high amount.
Expert:  John replied 11 months ago.

With that amount in dispute there will most assuredly not be a charge against you. It's just for the police it's impossible for them to prove whether you worked it or not it ends up not being worth their time and cost to prosecute. So they consider it a civil dispute.

Expert:  John replied 11 months ago.

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