Skimming the payroll

[Seshat]

No no, its like this: Person already got fired. They're dead and gone and I took her job. But now its like a big secret and while everyone else knows anyway, supposedly only me and the manager know and we've been told to keep it quiet or else find new jobs.

That makes the company, your manager and yourself accessories to crime. If you stay silent on this, I believe you're legally considered an accessory after the fact.

It's not just you having dirt on the company, it's the company having dirt on you. It's up to you - do you want to risk jail time for the company's big 'secret'?

[LostMyMind]

No no, its like this: Person already got fired. They're dead and gone and I took her job. But now its like a big secret and while everyone else knows anyway, supposedly only me and the manager know and we've been told to keep it quiet or else find new jobs.

It might be the manager trying to not let the owners find out what happen. He might be trying to hide the fact that it happen on his watch. If I were you, I would talk to the owner (if it's small business) or the manager's boss (if it's larger). You can even just write a letter, don't sign it and mail it to the owner (with no return address).

But if you and your manager are the only ones that know, I think your manager going to figure out that you told. So go straight up the chain as far as you can go to protect your behind.

[BookstoreEscapee]

Oh, OK, I see...they are just trying to avoid repaying the money this person stole. I gotcha.

Yeah, I'd say if it does come out you could be also be on the hook. I think you would still be covered under whistle-blower laws if you reported it. Honestly, I'd be looking for a new job if I were you.

[JustADude]

Do the rednecks have shot guns?

Probably. I was thinking the kind that show up a few miles down river from the kid playing the banjo.


And yeah, Dr.F, you're still covered in that case if you come forward. Report them and get the hell out if it turns out it goes beyond your immediate boss.

[digilight]

Heres how I see it. The management/ownership understands that if this thing were to go before the authorities the audit costs and legal fee's not to mention any fines would be in the 10's of thousands of dollars. They are trying to keep it quiet so they don't have to pay the costs associated with an investigation because they will loose.

I would be nervious, however, because you are setup as a potential fall guy in this situation. You have knowledge of what went down and you know that it has been hushed up and could be considered an accessory (IANAL check with your states legal help for absolute advice).

My advice would be to contact a free legal aid, you could even check with you're states/local counties dept of Labor to get advice on what to do. You don't have to tell them what company, just give them the situation. If it turns out that your ass is on the line, then you know what you have to do.

[Luna]

Get a new job. Immediately. Then go to the labor board immediately. I think helping keep quiet about it puts you in the cover-up catagory along with them. Protect yourself and get the hell outta there man.

[Andara Bledin]

The ex-employee was stealing from the other employees (and likely the company as well since they probably got paid at a higher rate per hour). The company learned of the theft and dismissed the employee. You were give the ex-employee's vacant position.

The manager (at least) knows of the wage shortage, but rather than spend the money and time to make it right would rather just hush it up, save face, and threaten your position should you say anything.

I am fairly certain that the manager and any other people who know would be accessories after the fact (as mentioned earlier) and thus guilty of a crime as well.

There is absolutely no way whatsoever that I would even remotely agree to keep quiet about this sort of thing. And if it's been going on for any length of time, that money could really add up. It'd be roughly $50 over the course of a year for me. A few years of that would be a really nice bonus.

^-.-^

[DrFaroohk]

Do all those "protection" thingies really do any good? Like, yeah, they can't fire me for blowing the whistle...but oh look, I was 15 seconds late on Tuesday, well hell, I'm fired! Maybe my boss says she smelled marijuana smoke on me as I came into work one day. Or my register will mysteriously be 200 dollars short sometime...or, my favorite, start scheduling me for these back to back shifts with only like 4 hours in between and make me quit.

Besides, officially, on the record, I don't know shit. The only people who know I know are you guys, and none of you know me. lol...at least I hope not.

And I know this may be cliched, but its not that easy to just "get another job"....sure, I could probably find one here in hickville, but I start back over at zero too unless I get lucky and land a management slot at the gas station down the road...but oh wait, I can't, because my company just trashed my rep for going to the labor board on them...I'm not rich now by any means, but it's the difference between minimum wage and actually being able to eat. I can't support my kid AND pay for all my ex wife's crap on 6.75 an hour.

Ah well, probably nothing will come of it, and I'm not really interested in looking for another job, I was just thinking it would be nice in the event that I get bitchslapped out of the good ole boy network, if I can say "oh by the way, before I go...when shall I be expecting my back pay for all the hours that Laura stole?" and make them piss themselves. Alas, I can dream can't I?

[draggar]

I don't know what country the OP is in, but last time I checked slavery was made illegal in the US over 150 years ago.

If you're working it, and not getting paid, it's illegal.

*edit (I should read responses)*

What a shitty thing for a company to do. If they trashed an ex-employee for going to the labor board, unless they can prove what they said he can sue them for slander.

You're being blackmailed into silence, which in the US is illegal. If you blow the whistle on it, they cannot legally retaliate (but we all know they will find a way).

Your best bet now is to sit tight, keep your mouth shut, and get those resumes out in full forse. Get a new job and don't look back, take this as a learning experience.

But, to help protect yourself, document as much as possible, even get a journal and keep it at home, document what was said and done that day. I know it sounds cheesy, but it may help in the future.

As for petty, retaliating against a serious ethical issue isn't petty.

And to play the devil's advocate, maybe they're asking you to keep quiet so it does not start an uprising with all the other employees. Missing 5 minutes a week for a year is about 4-5 hours pay, still not much but opens the door for a class action lawsuit (if enough people get involved).

You really have to look at everything. Even doing the right thing can hurt you, prospective employers will see what you did and may not hire you because of it (I know really shitty). Right now you're damned if you do and damnied if you don't, but it's less painful if you don't right now.

Get out. Get those resumes out (but keep quiet about the job hunt). Go for what you want, apply for management positions especially if you feel you'll be good at it. Even look at shops etc.. in town. The location you're in right now has no ethics. If they did, they would be in the process of suing the ex employee and then would split the reward with the employees who were cheated, but I doubt that will happen.

[LostMyMind]

I'm pretty sure it's not a "we don't want to repay the employees" issue. Because most companies round down or up to the nearest 1/4 hr (some go to 1/2 hr) anyway, at least most I've worked at.

The ex-employee dude was clever in taking those "rounded down" minutes and tacking them on to his pay. I'm willing to bet this is completely, "Oh crap, this dude pull one over the company on my watch. Damn, I got keep it a secret so I don't get fired too." I'm willing to bet, he signed time-sheets without looking and authorized this thief to take the extra pay.

So, my suggestion still stands. Talk to his boss, if they know about it. Then say, "Ok, now I know that manager isn't trying to pull one over the company and me. I'll keep this quiet." But if he didn't know, you gain major points. Basically, now the upper management knows you're looking out for the company which will make it very hard for your manager (if he still your manager afterward) to fire you.