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I GOT A COMPANY EMAIL ACCUSING ME OF OVER BILLING ON TIPS…

Customer Question
I GOT A COMPANY...

I GOT A COMPANY EMAIL ACCUSING ME OF OVER BILLING ON TIPS WHEN I WENT TO LOOK FOR IT AGAIN IT WAS GONE AND HAD BEEN ALTERED IS THAT LEGAL

Lawyer's Assistant: Who is your email provider (Gmail, Yahoo, Outlook, etc.)?

MY COMPANY HAS IT OWN I T IN HOUSE AND UPPER LEVEL ACCUSED ME OF OVER CHARGING WHICH IS NOT TRUE BUT NOT I CAN NOIT FIND THE EMAIL

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

YES DISCRIMINATION AND PREDJUDICE AND CLEAR VIOLATION ON ACCOUNTING PRACTICING AND VIOLATION ACCOUNT HAVE D9EAPEARED

Submitted: 3 months ago.Category: Employment Law
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Answered in 50 minutes by:
3/23/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 986
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. There are some different issues here. The first is that there is likely no legal prohibition to deleting, removing or otherwise dealing with company email. If your company has its own server and email system, that system - as a legal matter - belongs to the company and they can read emails, delete them, etc. That said, it is concerning that an email was sent with an accusation about over-billing. If it was just sent to you, it is not a legal issue per se. But if others were on the email, even if it has now been deleted or removed, it could be considered defamation since not true and that does create a legal issue. Also, if there are other issues of discrimination and potentially unlawful conduct in the workplace and evidence of that was deleted, that can create a problem for the employer as if any legal claims were filed it could amount to the destruction of evidence. If you have a manger (who was not involved in this incident) or HR department, it may be worth reporting this issue or discussing this issue with them.

If you need further assistance, please reply to this email. 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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Customer reply replied 3 months ago
a senior manager is awhare that statements were made stating the she has been reviewing or account and were over charging for months but that she would make the adjustment to our prepaid tips naming all three of us as. Though we were all working and planed this . Globus is the company I manage here and I hired two other employees to assist.In September of 2017 I had only been with the company since about a year and a half I was never quite certain what the previous paid tips were nor how to pay our tour drivers I submitted my expense formHere is my first intro to her in the work area
Chris say the following and I kept a copy of this emailI’ve noticed that your timeshet you should have lesser amount then what is owed you for prepaid tips. For example , this week you put $90, when it should be 7 pax at 24$/pp for a total of $168. Just wanted to let u know watch for the correct tip rateI used this email as what to charge for /pp and past it on to my other two associate. We are local who live in Hawaii and handle groups of couples coming in for the ship cruise which is a ten day cruise
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

That sounds like you relied on your manager to determine how to calculate tips. If there is someone in the company you feel comfortable contacting, it may be worthwhile to reach out and ask for an official clarification of how to calculate tips and state you are getting conflicting information and want to be sure to do it correctly. Is there any written policy or documentation as to how tips are to be calculated? If not, you may want to ask for one to provide you written commitment to a particular tip rate.

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Customer reply replied 3 months ago
It gets worse I got another email saying that our daily rate pre pay should have been 18$ dollars a day from the same person that told me it was 24$
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

So, typically if an employer makes a mistake and overpays an employee, that employee can be made to pay the excess back to the employer. In this case, your manager told you a rate of pay and then changed it. Hawaii statute 388-7 requires written notice of any changes in rate of pay. I do not know if you are an employee or a contractor, but if you are an actual employee then an argument exists that you were correct to use the formula the manager provided you until now when written notice, via this new email, was provided that the rate was reduced. If you are a contractor, this issue would or should be covered in whatever agreement you have to perform as a contractor.

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Customer reply replied 3 months ago
She sends an email to manager and says that the three of us have been repeatedly over charging for months and sh would go in our account and Re a just our pay . That we all working together.Like we new and we deliberately over charging. This is coming from senior accountatant. If we were over charging the why did she let months go by and not notify us of the discrepancy as soon as she discover. It was her letter that we gagged what pre pay was and she is an account that works for company
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

Your best option is probably to respond with the email from your manager showing how to calculate and confirming that was how you did, in fact calculate. There isn't much more to it from your position, but you should consider responding.

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Customer reply replied 3 months ago
The interesting part is that though email which accused us of collusion suddenly no longer exist other emails have been tamper with that shows the same account manager who addressed who she should send pre pay of 24$ is not eraised the figure is gone.I’ve never encounter Malice before in the work area but the work environment has become hostile. Our home office is Colorado and we are the 3 on this island
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