Dispute with employee for unpaid wages

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Dispute with employee for unpaid wages

I have a home caregiver who works with us and is disputing a claim for unpaid
wages with the labor force and development department. therefore, we received a
letter about an audit from the department to check on timesheets, and payroll
records. In preparation for the audit, we are getting the records showing that
employee was paid for all services, except where we believe they didn’t perform a
service, and claiming wage for it. The problem is that the employee/caregiver
already had the client sign timesheet confirming services were performed before
they left the house…client could not say no to employee so they just sign for
the whole time…
If I show this dispute to the investigator, are there any consequences that can
affect the company? do i need to prep in another way? should I just settle and
pay to avoid further auditing? please advise

Asked on April 12, 2018 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the client signed that the work was done, then unless the client is going to go and testify that they lied and therefore were helping commit fraud, the agency will take the signed timesheets as proof that the work was done. Under those circumstances, you may wish to settle.


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