If my former boss is threatening me with fake fraud charges, what do I do?

I was fired from an

Asked on April 4, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If he believes you stole money in one way or another from the company, he can file a police report; if the authorities agree there is something there, you could potentially be charged or arrested--but if he does this and lies to do so, and it later comes out that he lied, not only would you be able to successfully defend yourself in court, but you could also sue him for filing a false police report and for malicious use of legal process (possibly also defamation). Therefore, if there is no evidence that you did take money, it is unlikely that he will or could do this successfully. He could also try to sue you civilly (e.g. file a lawsuit) for any money he claims you took, but again will need credible testimony and evidence: without proof, he will not succeed.
Separately, based on what you write (working at his office, under his direction), it appears that you were "misclassified" as an independent contractor (1099)--you appear to have been an employee (W2). As such, he should have paid the employer portion of social security and medicare taxes; should have provided whatever benefits employees received at his company; possibly you should have been paid overtime when working more than 40 hours per week; etc. You should contact the state department of labor to file a complaint for having been misclassified.


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.