Q: Is it fraud or mistake
How does the law fall under if I caught my company clocking me out and I was still working. I caught them on a few times and not paying me on my full commission pay. They said it was a mistake. But the manager seen me working still and was the one that clocked me out.. I was fired and then its when I caught them doing it cause I had a video of me still working.. they sent me check for the hours I caught them taken.. but they said it was it. I know it wasnt and I cant prove it.. is it fraud or mistakes.
A:
Your question involves elements of employment law, so you'd need to pose it to an employment attorney for the most meaningful direction. But it remains open for four weeks. In general terms, regardless of the area of law, fraud or mistake can be distinguished from one another by the state of mind of the person. If a person's actions are committed knowingly and deceitfully with the intent of cheating someone out of something, that would be consistent with fraud.
If the actions are an innocent oversight or careless error, not made with the intent of deceiving someone or depriving them of a right or benefit, that would be consistent with mistake. In terms of the employment law significance of this with regard to your particular situation, you could consult with an employment law attorney. Good luck
Tim Akpinar
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