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Getting paid for hours not worked

I work in a company that has over 100 employees...we are all dalocummelioribus08/21/18
It could be fraud, which is a criminal offense. But getting dingbat08/21/18
My understanding at this point is that the employee got paid dalocummelioribus08/21/18
Technically, they could. Practically, they won't. Technica jd4hire08/21/18
They could but why waste the time and resources. Good on isthisit08/21/18
Oh and I suspect the employee was actually doing it for MANY dalocummelioribus08/21/18
To me, he's an American working/middle class hero. Nothin isthisit08/21/18
Reminds me of a legend one place I worked. This guy "Bill" wutwutwut08/21/18
What does it mean to be working? If you’re sitting in a ba midlaw08/21/18
Doing the tasks for which you were hired - pretty simple. It dalocummelioribus08/21/18
You already said the person is being fired. None of your bus midlaw08/21/18
True, but I was wondering if employer had more options since dalocummelioribus08/21/18
Why do you want this person to be charged with a crime so ba fettywap08/21/18
I don't "want" this person charged with a crime...I was only dalocummelioribus08/21/18
how would one actually prove it? the records say he was w defensivelawyer08/22/18
Theft of services. esquirewalletsmatter08/22/18
Yes, it's an option, albeit a poor one. It's not going to b pauperesq08/22/18
The company is hinting at legal action so current employees e36m308/22/18
dalocummelioribus (Aug 21, 2018 - 11:52 am)

I work in a company that has over 100 employees...we are all hired by temp agencies. I know for a fact that one of my co workers regularly lies on the timnesheet and doesn't show up to work. Today, they finally questioned employee about that. My question is: could a company go to the police if an employee lies about hours worked? Most places seem to say no or that they will terminate you but that it is not a law enforcement issue. And yet to me it would seem that this is fraud and thus a law enforcement issue.

Any thoughts?

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dingbat (Aug 21, 2018 - 1:48 pm)

It could be fraud, which is a criminal offense. But getting a district attorney / states attorney to file charges is a non-starter. If the company does go the legal route, it'd more likely be a civil matter. But that's very unlikely.

Basically, the stakes aren't high enough to bother with harsher methods than a firing

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dalocummelioribus (Aug 21, 2018 - 2:24 pm)

My understanding at this point is that the employee got paid for 2 full weeks that were not worked in reality...but yeah I guess the cost of court would be much higher than just firing.

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jd4hire (Aug 21, 2018 - 2:43 pm)

Technically, they could. Practically, they won't. Technically the DA/AG's office could prosecute. Practically, they are way too busy to deal with two weeks worth of wage theft that benefits the employee.

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isthisit (Aug 21, 2018 - 2:45 pm)

They could but why waste the time and resources.

Good on the employee for riding it out as long as he could.

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dalocummelioribus (Aug 21, 2018 - 2:53 pm)

Oh and I suspect the employee was actually doing it for MANY MORE weeks...they just caught up for the past 2 weeks, but I know for a fact it goes back even further. To me, that's stealing and the employee is nothing more than a thief who got away with it!

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isthisit (Aug 21, 2018 - 5:34 pm)

To me, he's an American working/middle class hero.

Nothing is more American than getting one over on the "man". Regardless if the "man" is a private or public employer.

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wutwutwut (Aug 21, 2018 - 3:20 pm)

Reminds me of a legend one place I worked. This guy "Bill" had done something early in his career that made the company hundreds of millions. By the time I got there, he was just another old codger, and didn't do much anymore really (often found sleeping at his desk) but no one wanted to fire him.

So Manager A "loans" him out to Manager B for a certain project, which apparently he completed okay, then B loaned him out to Manager C in a different dept for a while.

Eventually Manager C sent him back to Manager A, but Manager A claims he was never told about this.

Sometime about 6 months later everyone realizes Bill hasn't been seen in a looong time but was still drawing a check. This realization was prompted by several people seeing Bill on "Who Wants To Be A Millionaire?" and taking $250K home and then asking at work, "Hey, whatever happened to Bill? I saw him on TV".

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midlaw (Aug 21, 2018 - 5:51 pm)

What does it mean to be working? If you’re sitting in a bar day drinking and mulling over your employer’s problem, can you record the time?

These questions are difficult to prove in the negative. Especially beyond a reasonable doubt. Stop being officious.

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dalocummelioribus (Aug 21, 2018 - 7:50 pm)

Doing the tasks for which you were hired - pretty simple. It's not just an employer problem: it's not fair to the rest of us who DO put in the time and do what is required.

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midlaw (Aug 21, 2018 - 7:53 pm)

You already said the person is being fired. None of your business anymore.

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dalocummelioribus (Aug 21, 2018 - 8:06 pm)

True, but I was wondering if employer had more options since we had a meeting today and they basically said this is theft and made it sound like a potentially criminal offense if anyone else is doing it.

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fettywap (Aug 21, 2018 - 8:02 pm)

Why do you want this person to be charged with a crime so badly? Usually the employer can go back and track when an employee was at work. If they don't keep better records than that, it's their problem.

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dalocummelioribus (Aug 21, 2018 - 8:05 pm)

I don't "want" this person charged with a crime...I was only wondering if employer could have that as an option since if I were the employer, I'd love to have it...but me personally? That I don't care about at this point, I was just curious, especially after today's meeting when the company hinted at legal action as a possibility.

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defensivelawyer (Aug 22, 2018 - 9:33 am)

how would one actually prove it?

the records say he was working.

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esquirewalletsmatter (Aug 22, 2018 - 9:47 am)

Theft of services.

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pauperesq (Aug 22, 2018 - 10:07 am)

Yes, it's an option, albeit a poor one. It's not going to be easy to prove and the employer is likely to spend far more in attorney fees than what it can reasonably expect to recover. Not to mention the continued distraction to the rest of the employees.

He's fired. Time to move on.

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e36m3 (Aug 22, 2018 - 1:49 pm)

The company is hinting at legal action so current employees believe they could/would be criminally prosecuted for stealing time.

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