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Timecard issue

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sergbull43

Junior Member
What is the name of your state? California

My co-worker was working for an employment agency for over 1 year on assignment.

She more than once signed her own timecard with her bosses signature.

Now the employment Agency told her that she owes the Agency $4,500 dollars back to them within 1 month or she can face criminal charges.

Can she make payments or she has to pay within the time frame set by the employment Agency.

The Agency states that is FORGERY and he needs to pay it back immediately
They gave her 30 days Maximum.

Is it possible to extend the 30 days or can she face Criminal charges?
How can she prove now that she worked the hours paid since she signed her own TImecard with her bosses signature?

Curious and she is nervous....
:confused:
 


pattytx

Senior Member
Well, shoot, I'd be nervous too. That was a really dumb thing to do. However, I'm not sure this would rise to the level of criminal fraud.

Is it the pay that they are wanting back? That, they're not going to get. The employee must be paid their wages, regardless of any infraction.

Or is this a penalty that they are trying to assess because of the "fraud"? Either way, your friend needs to take a copy of the agreement she signed (there must be one, all the staffing agencies I've ever worked with require it) to a local attorney for review.
 

cbg

I'm a Northern Girl
To a part of your question that Patty did not address, IF it should turn out that she does owe the money back for whatever reason, she needs to pay it back within the terms set by the agency. She does not have the guaranteed legal right to make time payments; if she received money she did not earn, the party to whom it is owed gets to call the shots. She is free to try to negotiate a payment plan; they have no legal obligation to agree.
 

sergbull43

Junior Member
Answer to PATTY on this

Patty,
Is it the pay that they are wanting back? That, they're not going to get. The employee must be paid their wages, regardless of any infraction.

Answer:

:eek: The Agency is wanting the pay back of course, and they want to have her pay it back within 30 days... She didn't tell me if its 30 days from when she signs or 30 days from Sep 30th.. not sure of the agreement.


Or is this a penalty that they are trying to assess because of the "fraud"? Either way, your friend needs to take a copy of the agreement she signed (there must be one, all the staffing agencies I've ever worked with require it) to a local attorney for review.

Answer:


:) By what I understand they only want the pay back so that the LEGAL dept and the Agency.. doesn't get a bad wrap on the timecard 'Fraud'.

They Agency is losing like 2000 dollars as well in all this.. which they are willing to swallow because they don't want to be in the in the news because of this...
 

pattytx

Senior Member
OK, so they say the money they want back is the pay that she received that was directly due to her forging the approving signature? Can she not proved that, in fact, she did work the hours she claimed? The client, other employees or agency staffers, etc.?

See, here's the problem. If, in fact, she worked, she has to be paid. The employer is responsible for knowing that she worked. I can't believe there isn't someone who can vouch for her working the hours she stated she worked. However, if she didn't really work those hours, then absolutely she owes the money back.

I assume she is not working there any more, so has no more pay coming from which they could deduct the overpayment, even if she authorized the deduction. Which means the company is going to have to sue. I would recommend she see a local attorney about this.
 

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