Employee did not tell company that she was over paid (payroll error).

Asked about 1 year ago - Chicago, IL

An employee did not tell the company that she was overpaid. It was discovered in an audit. Can the company fire her for not reporting it? What discipline actions can be done against employee that did not report it if she had knowledge about the employee?

Attorney answers (2)

  1. Thomas O. Moens

    Contributor Level 19


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Illinois is an at-will employment state. That means that unless there is an employment or union contract that says otherwise, you can fire the employee for any reason, or even no reason at all, provided the reason is not based on the employee's membership in a protected class such as race, national origin, etc.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to... more
  2. Frank Anthony Natoli

    Contributor Level 20


    Lawyer agrees


    Answered . The employee, under these circumstances, should probably be happy that the employer did not seek to bring criminal charges as well, which would be their right under the right conditions.

    As the other lawyer noted, "at will" means you can be fired for any or no reason just like you can quit for any or no reason. It would be surprising if the employee was permitted to keep her job under the circumstances because this amounts to a fraud even though the employee did not take action to possess the money, by their omission the offense was committed. That said, the facts really matter and if there was a very good explanation perhaps it can be excused, but that is not what is indicated here.

    If any charges are brought or if the employee is contacted by law enforcement they should consult a criminal lawyer at once before making any statements to the police are anyone else.

    Best regards,
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more

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