Q: My employer is trying to prove I committed fraud, what are my options?

A: You should consult an attorney privately. You are very reckless in discussing your possible culpability for a felony on a non-confidential public website, and you should desist from doing sol.

A: I'm sorry to hear that your employer is accusing you of fraud. Allegations of fraud in the workplace can have serious legal and professional consequences, so it is important to understand your rights and options.

In New York, fraud is generally defined as intentionally deceiving someone to gain an unfair advantage, usually involving financial harm. If your employer is trying to prove that you committed fraud, they may be referring to actions such as falsifying records, misrepresenting work hours, submitting false expense reports, or engaging in other deceptive practices that violate company policies or state law. However, an accusation does not automatically mean that you are guilty or that legal action will be taken against you.

One of your first steps should be to determine the basis of the accusation. Request specific details about what you are being accused of, including any evidence your employer has. Understanding the claims against you will help you determine how to respond. If your employer has already taken disciplinary action, such as suspending or terminating you, you may have additional legal options.

If you believe the accusation is false, gather any relevant documents, emails, or records that support your defense. If the fraud allegations are related to work performance, payroll, or financial transactions, having clear records can help dispute the claims. Do not alter or destroy any documents, as this could be seen as an attempt to conceal evidence.

If your employer is conducting an internal investigation, you may be required to participate in interviews or provide statements. Be cautious in what you say, as anything you disclose could be used against you. If you feel uncomfortable answering questions or believe the matter could lead to legal consequences, you have the right to consult an attorney before responding.

If your employer intends to pursue criminal charges, it is critical to seek legal representation immediately. Fraud can be prosecuted under New York Penal Law, and charges can range from misdemeanors to felonies depending on the circumstances. If law enforcement is involved or you have been contacted by an investigator, do not speak to them without a lawyer present.

Even if criminal charges are not filed, your employer could pursue a civil lawsuit for damages if they believe they suffered financial losses due to your actions. An employment attorney can help assess the situation and determine the best course of action to protect your interests.

Additionally, if you believe that your employer is falsely accusing you as a form of retaliation or discrimination, you may have grounds for a wrongful termination claim or workplace retaliation complaint. The New York State Division of Human Rights and the Equal Employment Opportunity Commission (EEOC) handle claims related to workplace discrimination and retaliation.

Given the potential consequences of a fraud accusation, consulting with an employment attorney is highly recommended. An attorney can help you respond to your employer’s claims, ensure that your rights are protected, and advise you on possible defenses or legal actions to take.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.