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The president of our company has a son that he wants to be…

The president of our...

The president of our company has a son that he wants to be on our payroll for medical benefits reasons. Is it illegal to put someone on a payroll that does not actually do any work. He would be paid a wage but not actually work. Just benefits and compensation.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

No. I am in Operations where this person would work.

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

Yes At Willl. Non union. 65 employees in New Jersey.

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

Also concerned about the implications to our medical benefits agreement with United Health Care Oxford. My agent says no conflict but need to check on that.

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Answered in 3 minutes by:
3/17/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,249
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 1 month ago
OK. Ask away. Thanks.

I understand that you are concerned that your employer is hiring a relative so the relative can receive health benefits but the relative will not be working for the company. You want to know if that is permissible. Also, you want to know if this could effect the medical benefits of the company. Is that correct?

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Customer reply replied 1 month ago
That is correct. To clarify my role is actually SVP reporting to the President. This happen's to be the CEO asking for a favor to me for his grandson. (awkward)

Thanks for the additional information.

It could be considered fraudulent. It could be considered what is known as a "ghost employee scheme."

Ghost employee schemes occur when wages are paid to someone, through payroll, who doesn’t actually work for the company.

A ghost employee is someone recorded on the payroll system, but who does not work for the business. The ghost can be a real person who knowingly or not is placed on the payroll, or a fictitious person invented by the dishonest employee. The fraud attacks the payroll system with false employees.

So, it could something that the company and players could be held liable or accountable and could affect the benefit contract with the insurance company.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
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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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