Employee Fraud Questions
Employee fraud comes in many forms. It can be something as simple as punching a co-worker’s time card if they are running a couple minutes late to embezzling money from the company. Some people are unaware of what it consists of and may be committing fraud without realizing it. To learn more, you can ask an Expert. Read below where Experts have answered questions regarding employee fraud.
Is it legal for an employee to file documentation under another employee's name?
Generally, an employee shouldn't be using another employee's name for any purpose, unless you have given the employee your permission. This is a form of deception and is not ethical. If you have not given your permission, you may want to contact the worker’s compensation commission and make a report. If for some reason, the documentation was to ever become involved in a court situation, the person using your name and yourself would be held responsible.
What legal action can an employer take against an employee who has falsified their hours when the employee is suing for unpaid hours?
If an employee has falsified their hours and the employer has paid them, a complaint can be filed for fraud/theft. This is a criminal offense and with proof of the fraudulent act, the Labor commission could also file charges for filing a false claim against the employee. If the employee was not paid for the hours and there is proof, charges can still be filed.
What rights does an employer have when an employee forges the time card of another employee?
Usually, the employer will terminate the employee for cause. You can also terminate the employee whose card was forged if they knew that the other employee was tampering with their timecard. If there were falsified hours listed on the timecard and you have paid the employee's, you can file charges with the District Attorney against the employee's because they both knew the money was gained fraudulently. You can also use the evidence of fraud as cause for the denial of unemployment benefits.
How long does an employer have to investigate a fraud situation if it causes the employee stress and health issues?
Without a company rule or policy that states the employer has to make a determination on an issue in a set amount of time, there really is little you can do. Usually, an employer is within their rights to review a situation and determine the outcome at their own pace. There is no legal recourse based on your employer stressing you because they took their time making a decision, as long as there was no discrimination based on your age, race, gender, religion or disability. Even then, you may have a hard time proving that there was discrimination against only yourself in the investigation.
What can be done if an employee forges the employer's signature in order to acquire WIC and lower child support payments?
If you do not have a contract with the employee, you would have an "at will" employment which allows you to terminate the employee for no reason at all. Usually, an employer would terminate the employee and use the reason for termination to justify unemployment benefits to be denied. Aside from this issue, you may want to report the employee to the local authorities. The employee's actions are forgery and fraud; both are subject to criminal prosecution. You should also notify the local WIC office of the fraud.
If you are an employee who has a fraud issue or an employer needing insight on how to handle employee fraud, the Employment Experts can help. The Experts answer thousands of questions and have the answers you need. When you ask an Expert, you can be sure that you will receive an experienced answer in an efficient and knowledgeable manner.