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Can you require an employee to reimburse you for hours

Customer Question
Can you require an...

Can you require an employee to reimburse you for hours worked when they falsified their timecard?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I apologize, State of Montana

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time at will agreement.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thank you.

Submitted: 7 months ago.Category: Employment Law
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11/28/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,399
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Can you require an employee to reimburse you for hours paid when they have falsified their timesheet
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you so much for your patience. Generally, you can request that an employee reimburse you for the hours that were overpaid to them. You can enter into a separate, private agreement wherein the employee can either a) pay you outright or b) you can agree with the employee that you will deduct the additional hours they work to make up for the previous payments. My recommendation would be to go with a) only because it is possible they may file a wage complaint unnecessarily against you, claiming you're stealing $ from them. However, if you have evidence that an employee voluntarily consented to a reimbursement in some capacity for falsifying their timesheets, then you will be in the clear.

Did you have any other questions for me today that I could help you with?

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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.

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