mircpa Posted November 21, 2007 Report Posted November 21, 2007 Hello everyone I have a client who runs a gas station, one of his employee who worked hardly for more than a week stole money from cash register, employer has video tape recording of this, when he confronted with employee she agreed to reimburse employer stolen money and gave written statement, in that she requested employer not to run her paycheck and keep her paycheck money as restitution towards stolen money, i advised client to run paycheck make that deduction from her paycheck, can somebody please advise is this right approach to handle these situations ? Employer does not want to press charges against her Quote
fredazcpa Posted November 21, 2007 Report Posted November 21, 2007 Run the pay check, with the deduction and buy all means press the charges, she/he has more than likely done it before or will do it again Quote
mircpa Posted November 22, 2007 Author Report Posted November 22, 2007 Run the pay check, with the deduction and buy all means press the charges, she/he has more than likely done it before or will do it again fredazcpa thanks for your comment, by any chance do know how his business would set up for pulling employee background reports before hiring, i mean does he have to contact federal govt or private investigators for authorization to pull employee background Quote
jainen Posted November 22, 2007 Report Posted November 22, 2007 >>does he have to contact federal govt or private investigators for authorization to pull employee background<< It's tricky. To avoid charges of harassment and violation of civil rights, he should use a regular employment agency to screen applicants. They will also help him set an appropriate wage scale to attract good employees. On a previous point, he should not call the police. If the video tape is ruled inadmissable, he has no other evidence. Employees can get mighty vindictive, and we already know this one is a low-life. Quote
mircpa Posted November 22, 2007 Author Report Posted November 22, 2007 >>does he have to contact federal govt or private investigators for authorization to pull employee background<< It's tricky. To avoid charges of harassment and violation of civil rights, he should use a regular employment agency to screen applicants. They will also help him set an appropriate wage scale to attract good employees. On a previous point, he should not call the police. If the video tape is ruled inadmissable, he has no other evidence. Employees can get mighty vindictive, and we already know this one is a low-life. jainen Do you know any employment agencies close to St. Louis, MO Quote
jainen Posted November 22, 2007 Report Posted November 22, 2007 >>Do you know any employment agencies close to St. Louis, MO<< Hey, us Californians don't pay any attention to the rest of the country. I hadn't even heard that you HAD any gas stations yet -- what for? All I know about St. Louis is that's where the covered wagons came from back in the days of '49. Quote
BJM Posted November 22, 2007 Report Posted November 22, 2007 >>Do you know any employment agencies close to St. Louis, MO<< Hey, us Californians don't pay any attention to the rest of the country. I hadn't even heard that you HAD any gas stations yet -- what for? All I know about St. Louis is that's where the covered wagons came from back in the days of '49. Quote
BJM Posted November 22, 2007 Report Posted November 22, 2007 We might not have any gas stations yet, but we got us an Arch so those easteners can find thier way west. Some of them just decide to stay here and try and find thier gold on our river boat casinos, usually don't work out and with that extra money we are going to get one of those new fangled gas stations, but our horses sure don't like it when we try and fill them up. Quote
kcjenkins Posted November 25, 2007 Report Posted November 25, 2007 My advice to him would have been to write a regular paycheck, go to the bank with her and have her cash it, then pay him. That way she could never say that she was not paid her last paycheck. In some states, it is easy for a worker to file a claim that they were not paid, or that pay was withheld for a debt, and the state will make the employer pay them. Quote
jainen Posted November 25, 2007 Report Posted November 25, 2007 >>write a regular paycheck<< This is a very important point. I know it seems unfair to have to pay payroll taxes on the money she stole, not to mention paying her for the time she was stealing it, but that's business. Quote
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