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fired, emp holding expense checks and threatning me if i file unemployment

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michael s

Guest
What is the name of your state? Missouri..

I had sales route , but was paid salary, i wrote some bogusinvoices and later voided them, employer said that was same as stealing. fired and now they wont send me employee expense reimbursement for last 2 months, and said if i filed for unemployment, he would have charges filed against me regardin bogus invoices
 
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Beth3

Senior Member
You have the right to file for UC benefits. Your employer has the right to file a criminal complaint against you with the police.

I like the idea of you filing for UC because not only will you almost certainly not be eligible since you were fired for willful misconduct and there is evidence to prove it, your employer will then press charges which he probably should have already done.

By the way - reimbursing employees for business expenses is a matter of company policy. Unless you had an actual employment contract which guaranteed reimbursement, you're out of luck. You defrauded your employer - trying to yourself as the injured party really doesn't play.
 

awmccready@msn.

Junior Member
Obviously two wrongs, both egregious, don't make a right.

There are ethical, contractual, and criminal issues involved.

If an apparent agent of the employer promised to reimburse the expenses by company policy or directive and in doing so led the employee to incur necessary and reasonable business related expenses that they otherwise would not have incurred, then the company is guilty of poor ethics, breach of promise, and is in effect stealing from the employee by refusing to pay.

However, if the employee willfully and maliciously acted in such a way that they caused provable $ damages to the company, then the company should so claim and offer to settle accordingly $ for $ with the former employee.

Threatening to report the employee, only if the employee persists in their claim for expense reimbursement appears to be extortion by the employer and underscores the probability or at least the possibility that the employee caused no actual damages to their employer. Expense reimbursement is a separate issue from the bogus invoice issue.

The employee said they eventually voided the bogus invoices. That potentially means two things that could be to their credit: (1) they stopped or reversed the damage and the theft before conclusion; (2) they may have done so out of remorse rather than, for example, a fear of getting caught or having gotten caught.

While there is obviously additional relevant information that is missing, based on the information given, the employer had the right to terminate the employee for employee fiduciary failure reasons. The employee has the right to be reimbursed for their reasonable and necessary business expenses and the employer has a fiduciary duty to pay those expenses.

NOTE: I am not an attorney.
 

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