Is there a punitive legal course for an employee filing a false wage claim with the state?
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Is there a punitive legal course for an employee filing a false wage claim with the state?
I have an employee who has filed a false wage claim with the state. He alleges that we owe him more than $10,000 in back wages. However, I have documentation which I have already submitted to the state workforce department showing all his timecards, pay stubs, and receipts that proves we do not owe him anything. My suspicion is that he has tried this in the past with other employers and gotten away with it because they were not as prepared. I want to know if the state will take any action for filing such a large false claim, or if my business can take any action against him such as making a claim for lost time or wages he actually owes us; he had about $200 in advances that we couldn’t get back before he quit.
Asked on March 1, 2019 under Employment Labor Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You should be able to sue him for not just any wages he owes you but also for legal fees incurred in defending yourself from/responding to a patently frivolous claim.
He could potentially face criminal liability for a false claim, but that's up to the state to decide if they want to bring it, if/when they decide his claim is false.
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