Workplace Fraud
Introduction
Both employers and employees can commit workplace fraud. For an employee, fraud can occur in various forms, ranging from proposed criminal activity to an individual knowingly or otherwise providing incomplete information that grants them permission to collect unemployment, paid family leave or disability benefits that he or she is not entitled to receive. Employer can, on the other hand, commit fraud by misrepresenting, either in writing or by word of mouth, something that concerns an employee’s job, including about salary, job security, potential promotions or bonuses, health risks and any other employment aspect.
Examples of workplace fraud
By employees
As an employee you are deemed to have committed workplace fraud when you return to your workplace from leave but continue to collect UI benefits. Also if you work a part time or temporary job and do not report your earnings and in the process collect benefits that exceed what you are legally allowed. Withholding information or even giving false information while certifying for benefits or filing a claim is also regarded fraud.
By employers
Employers who knowingly make false promises of increased salaries and/or guaranteed bonuses in an attempt to persuade an employee to exit their employment and later come to the same employer only to refuse to pay later are considered to have committed workplace fraud. Additionally, you may be entitled to a claim if your employer’s representation concerning any of the following made you relocate: the availability of work, the type of work, the duration of time the job would last, the hygienic conditions of work, the amount of salary and the presence or absence of any lockout or strike. The Labor Code stipulates that you are entitled to extra damages if you relocated as a result of your employer’s misrepresentation.
Effects
Workplace fraud costs companies billions of dollars annually. Employee fraud is not only a continuous and varied problem but also widespread. It comes in a variety of sizes and for all types of companies. Workplace fraud can significantly affect the productivity of a business dealing a blow on the profitability of the establishment. While the reasons behinds frauds may not be obvious to the attorneys and to the business owner, one thing is for sure; its effects have far-reaching consequences. This type is also often overlooked, undetected or even ignored but sooner or later, its effects will be evident.
Conclusion
Workplace fraud can be committed by an employer or employee. If you believe your legal rights have been violated in any way, file your case with the relevant court to safeguard your rights. The amount you are owed determines the court you should file in, between State Superior Court and Small Claims Court.
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