Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 29 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/27/2018
Lawyer: RobertJDFL, Attorney replied 29 days ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,643
Experience: Experienced in multiple areas of the law.
Verified

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?

Ask Your Own Legal Question
Customer reply replied 29 days ago
Fredericksburg Virginia
Lawyer: RobertJDFL, Attorney replied 29 days 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.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 29 days 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.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 29 days 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.

Ask Your Own Legal Question
Customer reply replied 29 days ago
Can I file a lawsuit on my boss for making me pay back money that he was scammed out of.?
Customer reply replied 29 days 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 29 days 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.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 29 days 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.

Ask Your Own Legal Question
Customer reply replied 29 days 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 29 days 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 29 days 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 29 days 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.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 28 days 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.

Ask Your Own Legal Question
Was this answer helpful?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,643
14,643 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I'm planning to take a service provider to small claims
I'm planning to take a service provider to small claims court - do attys typically get involved in those cases? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Can a small claims case that was dismissed with predjudice
Can a small claims case that was dismissed with predjudice be vacated? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What's theStatue of limitations for small claims court.
What's theStatue of limitations for small claims court … read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,116 satisfied customers
Question in 2015 a small claims claims case was brought
Question in 2015 a small claims claims case was brought against me.On September 2014 … read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,116 satisfied customers
I was served with a small claims complaint for 1400.
I was served with a small claims complaint for 1400. Claiming services were rendered. I did not sign a contract for services and they were only partially completed. Can I submit a counter claim for ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
Can an attorney represent a plaintiff in small claims court
Can an attorney represent a plaintiff in small claims court in Nevada? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
I was left with a small claims citation from a roofing
I was left with a small claims citation from a roofing contractor for the full amount of the balance but he has only completed the roof and not the complete job. The mortgage company has the money. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
I lost in small claims and I was the plaintiff. However this
I lost in small claims and I was the plaintiff. However this is a contractor's case and I am the homeowner who is out a lot of money to this person who walked off the job. The judge pro tem stated tha… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Recently my case was dismissed in Small Claims 'cause the
Recently my case was dismissed in Small Claims 'cause the judge was waiting for an appeal decision on brought against my my neighbor for Wind Chimes. I had brought additional charges of purjury that h… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
I need assistance with questions on a small claims suit
I need assistance with questions on a small claims suit involving a auto insurance company… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Can a patient sue owner dentist in small claims if
Can a patient sue owner dentist in small claims if incorporated and arbitration was signed. How to dismiss this case?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Small Claims court. I bought a membership in a financial
Small Claims court. I bought a membership in a financial news letter. Do I send the Small Claims complaint to the individual making the recommendations in the news letter or do I send the complaint to… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Is small claims filed the same in or out of state? Atlanta
Is small claims filed the same in or out of state? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
Would like to file a small claims against an insurance
Would like to file a small claims against an insurance company that is a direct writer, so with no statutory agent not sure how to proceed. … read more
Andrew
Andrew
Attorney
Juris Doctorate
305 satisfied customers
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE SIGNED FOR YEARLY IN KENYA … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x