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I was a victim in a scam for $ 500 at my job while working…

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I was a victim...

I was a victim in a scam for $ 500 at my job while working my shift. I immediately called my boss. He had told me I was responsible and had to pay that money back or be out of a job. By law is that correct information or does he have insurance for issues like this

Lawyer's Assistant: Oh, dear. I'm sure the Fraud Examiner can help you. Is there anything else important you think the Fraud Examiner should know?

The store manger is a 2 time convicted felon for embezzling money under false pretenses so I’m not really to sure what to believe or what to do

Submitted: 3 months ago.Category: Legal
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3/27/2018
Lawyer: RobertJDFL, Attorney replied 3 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,212
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. Generally, state law prohibits deductions from paychecks for things like that, but as state laws vary, can you tell me what state this happened in, please?

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Customer reply replied 3 months ago
Fredericksburg Virginia
Lawyer: RobertJDFL, Attorney replied 3 months ago

Thank you.

This is indeed unlawful. See Virginia Code Section 40-1-29. It reads in part:

C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. An employer, upon request of his employee, shall furnish the latter a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom.

D. No employer shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law.

E. An employer who willfully and with intent to defraud fails or refuses to pay wages in accordance with this section:

1. To an employee or employees is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000; and

2. To an employee or employees is guilty of a Class 6 felony (i) if the value of the wages earned and not paid is $10,000 or more or (ii) regardless of the value of the wages earned and not paid, if the conviction is a second or subsequent conviction under this section.

For purposes of this section, the determination as to the "value of the wages earned" shall be made by combining all wages the employer failed or refused to pay pursuant to this section.

Therefore, unless you and the employer have a written agreement to deduct otherwise, deductions can only be made from wages for things like taxes. You cannot be held responsible for mistakes made.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

Bot***** *****ne:

An employer may not deduct any of the following from an employee’s wages unless the

employee has consented in writing:

  • shortages,
  • damages,
  • rent,
  • uniforms,
  • tools, or
  • any other necessary item.

An employer may not withhold or deduct any portion of an employee’s wages unless:

  • required or authorized by law, or
  • the employee consents in writing.

An employer cannot require employees, except executive personnel, to sign agreements permitting deduction of wages that are not otherwise legally permitted.

The illegal deduction of wages can be result in both criminal and civil penalties to the employer.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

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Customer reply replied 3 months ago
Can I file a lawsuit on my boss for making me pay back money that he was scammed out of.?
Customer reply replied 3 months ago
As owning a franchisee isn’t he insured for issues like this that happen in a work place daily? Am I entitled to pay that back by law?
Lawyer: RobertJDFL, Attorney replied 3 months ago

Whether he is insured or not, you are not responsible for paying back this money, that's what I was showing you - the Virginia Code I linked you to expresses says that deductions can only be made for lawful purposes (like taxes) absent an agreement between the employer and employee written and signed.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

You can sue him in small claims if he makes the deduction or you can file a wage complaint with the Virginia Department of Labor and Industry.

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Customer reply replied 3 months ago
I apologize I have just a couple more questions. Honestly I don’t know the law with what is allowed and what isn’t. When I was working my night shift Friday’s and Saturday’s every other weekend my boss was explaining to me that I would be getting paid cash for my over time is that illegal to do.?
Customer reply replied 3 months ago
I didn’t get my time differencial and I couldn’t claim those wages on my taxes I was jus told to sign a receipt paper showing I got paid out but didn’t add up to what o should have been paid.
Customer reply replied 3 months ago
My store manager who is in control of the payroll is a 2 time convicted felon for embezzling money I don’t really trust can something be done about that.?
Lawyer: RobertJDFL, Attorney replied 3 months ago

All wages should be reported properly. If he's paying you partly in cash, it means he's likely not paying taxes on the money and of course since it's not being reported, it's not being in your income either for things like social security. I would recommend calling the Virginia Department of Labor and Industry and reporting that.

There's nothing unlawful about him running a business as a convicted felon. I can't speak to whether he was able to obtain all the licenses and permits he may need for the business (I would have no way of looking that up) but I am going to presume he was still able to do so. There can be certain licenses that a convicted felon may not be able to get (e.g., a person convicted of a DUI may have difficulty getting a liquor license) but again, it's not a crime for a convicted felon to operate a business. Sometimes, because employers won't hire convicted felons, they will go into business for themselves, in fact.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

Please let me know if I may provide you with any follow-up information or may clarify my answer for you in any way. Otherwise, please remember to take a moment to leave a positive rating for me by clicking on the stars at the top of the page. Doing so costs you nothing extra, but it is the only way experts like myself are credited by the website. You can always reply back (at no additional cost) after rating should you need additional assistance. Thank you.

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