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Employee who billed me for hours that I don't know were

Employee who billed me...

Employee who billed me for hours that I don't know were legitimate,

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

No I am a small business owner, was not aware of all the repurcutions,

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly, person billed me for hours that I don't know were legitimate,

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

Hesitated paying her for that reason, did not know how to handle it and I let it go on, now I owe her 4,000 and she is threatening me with going to the labor board if I don't pay.

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

I had paid her various checks, probably for work done, they were cashed, not sure if i can just deduct those amounts from what she is billing me,

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Answered in 10 hours by:
3/23/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,379
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on a response for you and should have that to you shortly. To ensure I provide as thorough a response as possible, can you provide me some additional information. What state are in you? Do you have a written contract with this employee? If there is no written agreement or the agreement does not cover this issue, what was the understanding as to how this employee was to report hours for payment and what type of work is she doing?

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,379
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
colo. no written contract, we did not have a clear understanding, the employee was submitting hours on a sheet of paper,office work, started out as an intern, then moved into being an employee, previous employee, had trained her, we did not have the details in place, she was informed by past employee who had trained her. not clear understanding between us before past employee left abruptly
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 124
Verified
Phone call session started
Customer reply replied 4 months ago
this person was racking up hours, at strange times, not sure what she was doing those hours, or where, office or home,
it seemed she was trying to make it look like she should be paid the same as the past employee but the past employee was doing 7 counselor groups per week, it added up to the same amount, 1,340.
Customer reply replied 4 months ago
like I said, it was not clear what she was doing in the office, new person in the office says, "nothing is done"; everything is a disaster, I don't know what she was doing"
the employee racking up hours not demanding 4200 for jan. feb. and march, no list of hours worked have been submitted
threatening to report me to the labor board, telling everyone she can she has not been paid, scaring off new employees,
I have asked her for sheets of hours worked with no response, I have paid her checks for those months and have copies of checks. I have told her that. I will add up those checks to see what I have paid her.
Customer reply replied 4 months ago
she has been threatening me with the labor board and not giving me the info. asked for. I feel this is elder abuse, I am 75. It feels like she is trying to "pull the wool over my eyes" not giving me information, not limiting her hours to 20 hours a week as i asked for, not doing the work but doing the "work" she wanted to do, etc.

Obviously, it is very important to pay employees on time to avoid fines and problems with the various government agencies that oversee these labor issues. That said, with no clear contract the law would probably look at how she has been paid so far. So, if she gave you time sheets and you paid, that essentially outlines your agreement - she submits hours, you pay. But that does not mean you have to pay without any questioning, especially if work is not being done. Once you add up what you have paid her and compare that to what she is now claiming, the decision to make is whether you want to pay and be done with her or risk a labor investigation. There is no right or wrong answer - as with most things there are pros and cons to everything. If she has not given you time sheets to justify what she is asking for though, you should not have a requirement to pay her. She can't simply claim it with no support. Also, if she did not do the work she claims to have done, you will want to get a written statement from the new person in the office stating that just in case. Also, what kind of work was she supposedly doing for you? That may help me provide some additional thoughts or options.

Let me know what other questions you have. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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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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