Fraud-payroll clerk cashed my check

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MichInPa

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Hello, while working in Milford, CT. 06460, a payroll clerk would make out checks that were to be paid by me but instead she signed the checks herself and cashed them or deposited them in her paycheck.

What recourse do I have ?

How can I prove this ?

What is the statue of limitations ?
 
I am looking at all 3 yrs I was there from 2002-2004. I don't know if she cashed them or deposited them.

Is it an attorney issue or FBI issue ?
 
while working in Milford, CT. 06460, a payroll clerk would make out checks that were to be paid by me but instead she signed the checks herself and cashed them or deposited them in her paycheck.

Forgive me, but this sentence makes no sense. First you say the payroll clerk made out checks to be "paid BY me" do you mean they were to be paid TO you? Or are you the employer?

Secondly, you said she signed the checks herself and cashed them or "deposited them in her paycheck." I take it you mean she made them out to herself, or made them out to you and endorsed them with your forged signature to cash them, or deposited them in her BANK ACCOUNT not paycheck.

If she made them out to her and not you, the company still owes you for work. If she made them out to you and forged your signature to cash them then she committed forgery and theft by deception.

Either way I would make a formal complaint to my employer claiming that I did not get paid for work performed. The Employer will find the checks that were "made out to you" and you will dispute the endorsement of the signature and say that you never cashed or deposited that check. I can't imagine she deposited the check because it would have to have her name on it and would leave a big paper trail.

Either way the company will have to pay you and pursue the payroll clerk for theft.

I hope that makes sense.
 
So you NEVER GOT PAID? You said "all three years?" I truly don't understand. But a complaint to your employer is the way to start the process.
 
You think maybe you should have said something earlier? Sheesh. The state DOL will not even take your claim for unpaid wages this many years later. And employers aren't required to keep payroll records that long, either. In fact, the great majority 2004 records could have been destroyed this year.
 
I did receive some $ from the employer but not all that I was suppose to get. My 1099 does not match what I received. I earned what is on the 1099.
 
If you are a 1099 then there is a contract dispute and the Statute of Limitations could be as long as 20 years. How do you know the payroll clerk did this to you?
 
The laws are totally different for employees than for independent contractors. That would have been a good fact for us to have known at the beginning.
 
I'm sorry if I mislead you as the my employment status.

I know I have not received the income on my 1099 and I have heard from several people over time that this has happened. Apparently, someone had bragged as to how much they got away with.

I have not had the time to confront the situation until now. Can I get a copy of the checks made out to me ? If so, I could easily see which are my signature and which are not.

I realize this is alot of work on behalf of the bank. I am not sure what procedure would have to be done to get the bank to do this.
 
Go Jump ? And the IRS wants me to pay taxes on it ! I'm going through a tax audit and discovered the discrepancy. I ceretainly won't be paying taxes on $ I didn't receive.
 
The company is not required to keep cancelled checks that far back. I can't believe you didn't know you didn't get paid at the time. When you got your 1099-MISC did you even check it against your record of payments? If you had, you wouldn't be in this fix now.
 
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