If my company believesI have committed timesheet fraud but has no proof, canI just resign?
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If my company believesI have committed timesheet fraud but has no proof, canI just resign?
I added an hour here and there but also worked hours Ididn’t list on my timesheet. My manager just brought it up today. The amount is quite low but can I just resign to avoid a headache since there is no real proof? I’ve been at this company for years and am guilty but the company can’t prove it. I want to quit. What should I do?
Asked on January 31, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless you have an employment contract which obligates you to provide notice or to work for a certain length of time, you may resign at any time you wish. Note the following:
1) If you resign, you are not eligible for unemployment.
2) If the company believes you defrauded it by falsying hours--basically, that you stole money from it, by making it pay you for work you never did--it could either a) sue you to recover the money; or b) potentially report you to the police, if it thinks the matter egregious enough. The fact that you resign may, as a practical matter, make it less likely the company will do this, but it does not actually prevent them from doing so.
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