What doI do if my employer trying to accuse me of check fraud?

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What doI do if my employer trying to accuse me of check fraud?

I was just terminated after 6 months. I was hired on payroll as bookkeeper and paid on the side to “clean up” the books. Claimed former bookkeeper stole money and didn’t do her job. Found no evidence of stealing. But found out the owner hadn’t filed or paid taxes for the company since 2006. Was made to misreport on owners 1099 saying that over $20k of his income was paid to him for “loans” he made to the company(no record of such loans or deposits). Found they are $9k in debt to corporate office as well. Now they told their bank that the additional checks they wrote me weren’t authorized – check fraud. What do I do?

Asked on March 1, 2011 under Criminal Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

GET A LAWYER--immediately. If they're accusing you of check fraud, they are setting you up to face potentially:

1) civil liablity--to be sued for the money they claimed you took

2) criminal liability--to have a criminal record and maybe go to jail

3) tax liability--for not reporting all the money you allegedly have and/or causing the company to underreport

Get a lawyer right away; keep any evidence or documentation you have supporting your side; and do not talk to anyone--not the bank, not the authorities, not a lawyer for the company, etc.--until you've spoken to your own attorney. This is a serious situation; take it seriously. Good luck.

(BTW: ask your lawyer if you may have any claims against the employer for their lies and misrepresentations.)


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