Legal Question in Employment Law in Massachusetts
I was given a credit card at work to use for expenses. I was then fired for a supposed no call/no show. I was called to be notified of that. Then the manager called my FATHER (I am 28 years old!) who is listed as my emergency contact only. and told him I was fired and why, days I took off, and that I used the work credit card more than I was supposed to. She told him it was 2,000 dollars I owed them and that they may file a police report to get the money back. So of course he panicked. I had to call her to find this out after my father notified me. Anyway, they said they were keeping my last check, which they did, as payback. I was told I could use that card, so I did. I had been using it for a while without an issue, so I dont understand. I worked at an animal hospital, and used it for paper towels, supplies, gas, etc. I was just using a business I was given to use. Now I just got a voicemail from a detective asking me to call him. I am just really bothered by this because I was given the card to use, and I did. I used it for various supplies, gas to get to work, etc. I did not steal the card or anything. They gave it to me. What are my options? I would like to call this detective back asap to clear this up. And I apologize, I was not sure under which type of law this fell under.
3 Answers from Attorneys
did you report the use of the card regularly to the company or did you simply use it without getting approval from them for the time of use. is this a Massachusetts issue or some other state.
My advice would be for you to speak with two different types of attorneys. First, you may want to have a criminal defense attorney ready to consult with in case this goes to much further. Secondly, your employer broke the law by refusing to pay your final paycheck. Under the Massachusetts wage laws (assuming your wages were improperly withheld) your employer now owes you three times your last paycheck.
There is a potential for criminal charges. Any contact with the police by a criminal suspect should almost always be handled by an attorney. Unlike what you may have seen on television dramas, it is almost never advantageous to speak with the police directly when you are a suspect in a criminal investigation. Under the 5th Amendment, you have a right to remain silent.
Optimally, you would want to speak with one attorney who is knowledgeable about both criminal law and employment law. Not to brag, but, it is a fact that I have extensive experience in both of these areas of the law.
Calling up your father and communicating the claims against you may have violated a number of laws pertaining to defamation (slander) and unfair debt collection practices. Using the threat of criminal prosecution to collect a debt can also be an unfair debt collection practice in some instances.
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