CEO using company funds for personal use, no OT, lying on legal document for immigration

UPDATED: Sep 30, 2022

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CEO using company funds for personal use, no OT, lying on legal document for immigration

My CEO as well as his fiance is using company funds for personal use. I have
proof of this. He is an immigrant and has asked employees to sign false documents
stating how he has helped them so he can be seen as an asset to the country so
his papers go through faster proof of this. He also does not pay overtime and
only pays us once a month. Some employees are paid under the table proof of this
as well and most men in the office get paid more than the women.

Asked on May 8, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only thing you can take action for is for violations harming you or costing you money--you have no "standing," or legal right to act, for things that do not affect you. So the only thing you could directly do is, if you are not paid overtime when you should be, you could contact the state or federal department of labor to file an overtime complaint.
If the CEO is not also the sole or majority ower, you could tell the board of directors about his misuse of funds, but bear in mind that it is likely they will support their CEO, not a lower-level employee, and you could easily be fired. (And if he is the sole or majority owner, there's no point in doing this--he has 100% control and can do what he wants.)
You could in theory report any immigration violations to INS, but if your report turns out to be wrong, you could possibly file liability for filing a false report or defamation, if he becomes aware of who filed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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