subject: Employee Fraud And Related Questions [print this page] Employees may be committing fraud at the workplace even without realizing it. There are many ways of committing employee fraud. For instance an employee may be swiping a co-employees access card if they are coming to office late. Below are a few questions that have been answered regarding employee fraud:
Q. If an employee files documentation in another persons name; can it be considered as legal?
In the event that an employee has not given his/her authorization to use his/her name; one should not use the employees name for anything. This would not be considered as a correct practice and is a kind of fraud. One may contact the workers compensation commission to file a complaint if ones name has been used without authorization. It is possible that both the persons (one who used the name without authorization as well as the employee) are held liable in the event of the document getting involved in a court case.
Q. An employee is attempting to file a case against the employer for unpaid hours, but the employer has realized that the employee has provided incorrect working hours. Can the employer sue the employee?
A fraud/theft charge may be filed against the employee in the event that a payment was made against the incorrect claim of the employee. It is possible that the Labor commission also file a suit for making false accusations against the employer (provided the employer has proof of the fraudulent act). An attempt to commit fraud/theft charge may be filed against the employee though the employer has not made any payment.
Q. If an employee forges the time card of another employee; what actions can the employer take?
The employer may fire the employee for committing fraud. If the employer has reason to believe and also proof that the employee (whose time card was tampered with) was aware of the forgery; then this employee may also be fired. In a scenario where the employer has paid the employee for the incorrect times listed on the time card; a suit may be filed with the District Attorney on the basis that the employee was aware that the money was gained fraudulently. Even the unemployment benefits may be denied by the employer.
Q. In order to gain WIC (Womens, Infants, and Children) and lower child support payments; if an employee forges the employers signature, what action should the employer take?
In the absence of an employment contract, it would be an at-will employment where the employee may be fired without a reason. The employer may also use this reason for denying the unemployment benefits. What the employee has done is both forgery as well as fraud for which criminal proceedings can be initiated. The local WIC office should be intimated of the WIC fraud.
Q. An employer is in the process of verifying the employees fraud situation. Would it be legal for the employer to harass an employee if that causes stress and health issues?
An employee will not be able to force the employer to decide on the situation within a specific time frame if there is no company rule or policy in this regard. The employer may take the required time to investigate the matter and provide a judgment. If an employee is getting stressed due to the employer taking time in coming to a conclusion regarding the matter; there is no law that would restrain the employer from taking the time unless there is workplace discrimination based on age, race, gender, religion or disability.
