[pahouavue]

I was working for a small construction company. Worked for them from 2002 to 2004. Moved back to Cali last year in March and started working for them again. In May I found a new job but still worked part time for them doing their accouting. The employer asked to pay me cash. I handle all his A/P and A/R, I do everything for him, pay his bills reconcile his accounts and collection calls too. I called him to pay me and he said I could sign checks to myself. I've had to wait for several months before getting paid. Now he is saying that those checks were forged with out his signature. Basically, he's saying I've been working for free. He's gone to file a report with the sheriffs department for embezzlment, stolen checks and forgery.

How do I prove my innocence since I was only on payroll before I got this new job, and not when I started working in the evenings, he only also verbally authorized me to sign?

[Mr. Knowitall]

Well, he's going to have to document that he paid you. And you're going to be in a hard place if he can show that you were paid and also took the checks, or if you took checks in excess of what you were supposed to be paid (e.g., you were owed $400 for a week of work, and wrote yourself a check for more than that).

Should we be guessing that there are no timesheets, payroll records, W-2's, 1099's, or anything else to show that you were working for this guy - everything was "under the table"?

[4eyedbuzzard]

I think if I were you I would start writing down a list of witnesses that could possibly testify that you were performing the company's business during the time he alleges you forged the checks. People that that saw you there: other employees, contractors, USPS, UPS, FedEx, other delivery people, etc; people you contacted such as A/P and A/C, suppliers, cutomers, etc; any documents such as signing for certified mail or deliveries(they keep records) - in short anything that would show or anybody that could testify that you were working for him/doing the company's business at the time he alleges you forged the checks. Also get any phone records or correspondence that might prove you were in contact with him during this period. Since you might well know the inside workings of his business as well, keep in the back of your mind any other other potentially usful information such as how well he complied with IRS reporting especially the timely filing of 941's and state reporting requirements for taxes, UI, WC, etc, etc.

Then I'd go talk to a lawyer and explore my options.

[pahouavue]

I think if I were you I would start writing down a list of witnesses that could possibly testify that you were performing the company's business during the time he alleges you forged the checks. People that that saw you there: other employees, contractors, USPS, UPS, FedEx, other delivery people, etc; people you contacted such as A/P and A/C, suppliers, cutomers, etc; any documents such as signing for certified mail or deliveries(they keep records) - in short anything that would show or anybody that could testify that you were working for him/doing the company's business at the time he alleges you forged the checks. Also get any phone records or correspondence that might prove you were in contact with him during this period. Since you might well know the inside workings of his business as well, keep in the back of your mind any other other potentially usful information such as how well he complied with IRS reporting especially the timely filing of 941's and state reporting requirements for taxes, UI, WC, etc, etc.

Then I'd go talk to a lawyer and explore my options.

In the beginning I started working in the office, even then his checks were bouncing. After a while I started to work from home. I did keep in contact with him and there are vendors and employees who knew of my working status with the company. He NEVER wrote me any checks and I was never on payroll. I had to wait several months to get paid because each time I would ask him for payment, he would say he didn't have money. He has the payroll company report and file his 941's, however, majority of the time they aren't paid because he doesn't have the money. I admit to signing the checks, but that is because he authorized me to. I had access to all his credit cards, acounts and paid all his bills. I never used his credit cards, and the checks that were signed, were checks to pay myself for hours that I worked. He had other employees that he paid on a weekly basis except for me.

I'm just worried about how this will pan out in court. Just found out today that it is likely going to be submitted to the DA for filing.

[pahouavue]

Well, he's going to have to document that he paid you. And you're going to be in a hard place if he can show that you were paid and also took the checks, or if you took checks in excess of what you were supposed to be paid (e.g., you were owed $400 for a week of work, and wrote yourself a check for more than that).

Should we be guessing that there are no timesheets, payroll records, W-2's, 1099's, or anything else to show that you were working for this guy - everything was "under the table"?

He doesn't have any documents that he paid me. I kept track of my time, and there was no payroll records. I do have vendors and employees who I kept in contact with because of my job. I also went by the office periodically to pick up work. He's also calls me on a regular basis about work as well. He's never asked about my hours, never paid me, and several times, when I asked him for payment he would say he didn't have the money. He has checks bouncing left and right and all his credit cards are maxed out. He hasn't been paying his child support and since his ex-wife got involved this is when the charges came about. I'm just wondering how this will pan out in court.

He also has an under age employee working for cash with out a permit. He also had an employee claim unemployment while he had that same employee still report to work and getting paid cash as well. Before, when I was working for him from 2002 to 2004, whenever we worked over time he would pay cash only and not time and half.

My questions is, even though he authorized me to write the checks, how do I prove it?