fFOLLOW-UP Fraudulent claim of theft from job
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
fFOLLOW-UP Fraudulent claim of theft from job
I think I failed to pose my question correctly in the prior post. Each job takes x hours, and the employer only has 4 employees. IF the records show that his company completed more work than his employees could produce in logged hours, would that bolster her claim that the money was used to pay illegals and she didn’t take it?
Asked on June 17, 2009 under Criminal Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
No. While the the evidence you cite would argue--very strongly--that the company must somehow be underreporting hours, payroll, etc., it does not actually prove that your friend did not take the money. That's not to say that it might not be helpful to do this--it can part of your friend's defense--but look at it this way: the company could be paying workers off the books and underreporting taxes *and* your friend could be stealing; the two things are not mutually exclusive. If she cashed checks and took money from petty cash, it's not unreasonable for a prosecutor, or judge, or jury, to conclude that she took the money herself.
She needs to prove that the money was not taken by her--that it went somewhere else. Merely proving the company was violating various laws does not by itself prove that she did not steal.
So yes...she should do what you suggest if she can, because it does help back up her case; but it's not nearly enough by itself.
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 AttorneyPages.com 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.