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Employee falsifying hours, have told her I will not pay her…

Employee falsifying hours, have...

Employee falsifying hours, have told her I will not pay her what she is asking, she claims the hours are true, she also may have been taking from the proceeds of money coming in from clients, I have since fired her and she is still expecting me to pay her a great deal of money that is not due

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ready

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No I have not, no manager or hr, just a small co. could talk with a lawyer though.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

What is at will? no union

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Answered in 1 minute by:
3/14/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,399
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I am very sorry to hear about this situation. Can you please clarify for me what specifically you would like to know? How can I help you?

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Customer reply replied 4 months ago
can I refuse to pay her what she is demanding, do I need a lawyer, how do I take a stand with her
Customer reply replied 4 months ago
she was falsifying hours, no way was she working all those hours, I should have taken a stand sooner but was in shock or something, this has gone on since December, have paid her some
Customer reply replied 4 months ago
also, she may have been taking money from the proceeds that were coming in

Certainly you can refuse. However, I'd imagine that a refusal will lead to a wage claim or lawsuit, and then you will need to defend against that. You can countersue for fraud and defend on the ground that the hours were never worked, but this of course does not allow you to avoid the lawsuit altogether, and litigation defense can be costly.

The other option would be to propose a settlement. Although I realize this employee didn't work the hours claimed, it may still be in your best interest to pay her something in exchange for a waiver of claims, as the amount you pay toward a settlement could wind up being far less than your legal fees even if you defeat her in court. You could offer 25% of the amount she is claiming as a starting point and see how she responds. Of course, this is just a suggestion--you could start with even less if you like.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 4 months ago
very helpful 10 out of 19
Customer reply replied 4 months ago
I meant 10 out of 10.

Thank you. I was going to say 10/19 isn't very good! Haha.

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Please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,399
Experience: Significant experience in all areas of employment law.
Verified
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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.

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).

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