Boss asks me to do something illegal

[jenlynn97]

What is the name of your state? Ohio

The boss here just asked me to issue a check (which he would be signing) to an contractor for pay. I know that this check is drawn on an account with insufficient funds. I need to send an email to my boss letting him know that I am not going to do this. This is what I have:

"It is not in my best interest, and potentially illegal, to send out checks that I know are no good. I will not be issuing, handing out, or sending out any checks that are not or cannot be covered, to my knowledge.

If I am disciplined in any way for this decision, I will be contacting my attorney."

Is this too harsh?

I want to be firm, but not adversarial.

Thanks.

 

[cbg]

And do you KNOW, beyond any possible doubt, that the boss does not intend to replenish the account in order to cover the check?

I think you're pushing the envelope, here.

 

[jenlynn97]

The boss is already overdrawn nearly 200k in all of his accounts, total, after all the checks that are already out there clear. The account he asked me to draw on is already negative. Two payrolls are uncovered. Any check issued now would be a bad check and he has no way, to my knowledge, to cover the check. This is not the first time they have asked me to do this. The rent check, the Amex check, three insurance payments, and a city tax check have already been bounced in the past week.

 

[cbg]

I still think your suggested wording is pushing it. A simple reminder that the account is overdrawn should be sufficient.

 

[Beth3]

What is the name of your state? Ohio

The boss here just asked me to issue a check (which he would be signing) to an contractor for pay. I know that this check is drawn on an account with insufficient funds. I need to send an email to my boss letting him know that I am not going to do this. This is what I have:

"It is not in my best interest, and potentially illegal, to send out checks that I know are no good. I will not be issuing, handing out, or sending out any checks that are not or cannot be covered, to my knowledge.

If I am disciplined in any way for this decision, I will be contacting my attorney."

Is this too harsh?

I want to be firm, but not adversarial.

Thanks.

Whoa. Don't send an email to your boss with a threat and don't refuse to follow directions. Neither is a smart move. Tell your boss the account has insufficient funds and you are not comfortable writing the check. If he still insists you cut the check, then cut it. His name is on the check, not yours, and he's responsible for any repercussions. He may know something you don't, such as that funds will be deposited in that account very shortly and the check will be good.

 

[jenlynn97]

I have been told by an attorney that I may be responsible for passing bad checks because I do the bank reconciliation, and I know what state the accounts are in. This boss has engaged in check kiting, though he was not prosecuted, several times. They have asked me to hold my paycheck from Friday. I deposited it anyway. People are asking me whether their paychecks are any good. The payroll company is calling ME for payment of the funds. The boss wrote an email to the rent people blaming ME for the bounced check, claiming that he was unaware that the funds were not there. I can only assume that if he gets pinned for this, he will try to blame everyone but himself. I thought that if I were the one to send out the check, knowing that there wasn't money to pay it, that I still had some liability. I feel that I have to watch my back at this job while the money is tight. I will probably leave out the attorney part and just send a reminder that the account is overdrawn.

 

[Beth3]

And print out a copy of all your emails to the boss every time you tell him there are insufficient funds in an account on which he wants you to draw a check. I don't know if you can be held legally liable or not (I tend to doubt it) but just in case the stuff hits the fan, you'll have a paper trail to demonstrate that the boss was giving all the orders, full well knowing there were insufficient funds.

I'd also advise you to find a new job asap! Good luck.

 

[jenlynn97]

Thanks. I am six months pregnant and I am not going back after I have the baby, so I am going to try and stick it out because I need the health care. My husband to be's is too expensive. This is assuming that bossy is sending the insurance company good checks.

 

[pattytx]

And keep all that documentation at home. CYA is the best plan here.

 

[seniorjudge]

What is the name of your state? Ohio

The boss here just asked me to issue a check (which he would be signing) to an contractor for pay. I know that this check is drawn on an account with insufficient funds. I need to send an email to my boss letting him know that I am not going to do this. This is what I have:

"It is not in my best interest, and potentially illegal, to send out checks that I know are no good. I will not be issuing, handing out, or sending out any checks that are not or cannot be covered, to my knowledge.

If I am disciplined in any way for this decision, I will be contacting my attorney."

Is this too harsh?

I want to be firm, but not adversarial.

Thanks.

Keep all your questions in one thread:

https://forum.freeadvice.com/showthread.php?t=287293