Is this fraudulent concealment?

[jtjumper]

Michigan
If I break one of the handbook rules my company has and don't tell them I broke it, am I guilty of fraudulent concealment?

 

[single317dad]

Are you under employment contract?

What result do you intend to accomplish by concealing this information?

 

[quincy]

Michigan
If I break one of the handbook rules my company has and don't tell them I broke it, am I guilty of fraudulent concealment?

From the lack of information you have provided, it is impossible to tell you if you are guilty of fraudulent concealment.

You can read the following Opinion from Michigan's Court of Appeals in "M&D, Inc et al v W.B. McConkey et al" and either read the whole case or scroll down to descriptions of common-law fraud, innocent misrepresentation and silent fraud (which is also called fraudulent concealment):

http://www.michbar.org/opinions/appeals/1998/073198/M&D.html

From the decision: " ... Michigan courts have recognized that silence cannot constitute actionable fraud unless it occurred under circumstances where there was a legal duty of disclosure."

If you had a legal duty to disclose this handbook rule violation, to perhaps prevent someone from being defrauded/injured, then you could be guilty of fraudulent concealment. If you have an intent to deceive or cheat to perhaps cause a financial loss to another or a financial gain for yourself, you could be guilty of fraudulent concealment. There are many more possible "ifs."

I suggest you read through the case at the link provided and see if you can see for yourself if your handbook rule violation comes anywhere close to silent fraud. I suspect it doesn't.

 

[commentator]

There's no employment law that would apply here that I can see. Whoever has caused you to get hold of the term "fraudulent concealment" and think about it in terms of a work handbook rule is really playing you, it sounds like to me. If you have broken a work rule, and your employer wants to prosecute you criminally or something, they'll have to do it in the regular court system. They'd need to press charges. There's no tribunal that is going to hear their complaint for you committing "fraudulent concealment" against them and prosecute you by taking away your job or something similar. I believe you may be thinking of this work related matter incorrectly. Why don't you provide us more information about this.