What would YOU do?

[inigo88]

If this thread stays up long enough, I figured I'd post the actual state laws related to Fraud straight from the California Penal Code (kind of like posting the actual FAR instead of speculating). Emphasis added by me.

532. (a) Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.
(b) Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any labor, money, or property, whether real or personal, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. This section does not apply to a prosecution for falsely representing or personating another, and, in that assumed character, marrying, or receiving any money or property.

The language of this one is geared more towards identity theft, but may still be applicable:

530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

530.6. (a) A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another, as described in subdivision (a) of Section 530.5, may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over his or her actual residence or place of business, which shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts. If the suspected crime was committed in a different jurisdiction, the local law enforcement agency may refer the matter to the law enforcement agency where the suspected crime was committed for further investigation of the facts.

I don't know the civil employment law, but this is California state criminal law, with potential for criminal consequences (like jail time). Our law enforcement related members may be able to give better context on relevant case law, how these things usually go, and how much any paperwork you may have signed when taking the job may have absolveed the company from criminal wrongdoing. But you definitely have enough to contact local law enforcement and get the ball rolling on a police report and a case number! In addition, please follow @A Life Aloft 's advice and contact all three credit reporting agencies (Equifax, Experian and Trans Union) in addition to the creditor of the card to report the fraud case, and contest each charge (line by line) that was made without your knowledge or permission.

They crossed the line, and this is essentially identity theft.

 

[BEEF SUPREME]

While I wouldn't advocate taking traffic away from JC (I post here more, anyway), the Anonymous posting function on the "other site" is very much appropriate for these types of questions.

Can you please PM details of this to me?

 

[Deleted member 27505]

Everybody cautions about burning bridges, this is not one those situations. Burn the bridge.
Any future hiring board will be dumbfounded by this.


Go after them. This isn't about American's being sue happy or greed. This is your only recourse.

Clearly, the credit card part of this situation as stated is criminal.
The only potential hitch in the giddyap is a "binding arbitration" clause in your employment contract.
Binding arbitration clauses are a real problem for American workers, though most American workers don't even know about them. Those who do know about them often ignore them and their implications because, well, those workers need a jerb, and do not feel that they are in a position to fight the system.
The BA clause basically eliminates your constitutionally granted right to legal redress from the courts. They became fashionable in corporate boardrooms about the same time as those same boardrooms were spending millions on so-called "Tort Reform" to convince people that lawyers and laws and courts were evil. We were to believe (and millions do) that anyone who sought legal redress for grievance was a greedy "sue-happy" wanker who was just out for a free payday. But, the end result is that now almost every employment contract has a BA clause that severely restricts your right to seek legal justice. You will be forced to accept go to an arbitrator instead of a judge. The basic problem with this is that the arbitrator is paid by the corporation (not you). So for whom do you think the arbitrator will rule?
Anyway, pursue legal remedies for the credit card issue. If it is proven that they committed a criminal offense regarding the credit card, it will then likely be much easier to address the employment related issues.
WTF, brother? For whom do you work? Your situation sucks.

 

[saria19]

What I would do is pretty much what everyone else on this site has suggested: speak to a lawyer.

If you also want this taken care of quietly, might I suggest making copies of all the charges made on your SS#, include the closing of this account and the reopening of it without your permission. Create a file for all of this, make more copies and include every abuse that has occurred during your employment (actual abuses like this, not basic complaints) then approach the Chief Pilot as well as HR with these copies with a lawyer in tow and let them know you mean business. Most bullies will fold when it gets to this point. If they try to make things more difficult for you, threaten to go public and be sure that you mean it.

 

[chrisreedrules]

Clearly, the credit card part of this situation as stated is criminal.
The only potential hitch in the giddyap is a "binding arbitration" clause in your employment contract.
Binding arbitration clauses are a real problem for American workers, though most American workers don't even know about them. Those who do know about them often ignore them and their implications because, well, those workers need a jerb, and do not feel that they are in a position to fight the system.
The BA clause basically eliminates your constitutionally granted right to legal redress from the courts. They became fashionable in corporate boardrooms about the same time as those same boardrooms were spending millions on so-called "Tort Reform" to convince people that lawyers and laws and courts were evil. We were to believe (and millions do) that anyone who sought legal redress for grievance was a greedy "sue-happy" wanker who was just out for a free payday. But, the end result is that now almost every employment contract has a BA clause that severely restricts your right to seek legal justice. You will be forced to accept go to an arbitrator instead of a judge. The basic problem with this is that the arbitrator is paid by the corporation (not you). So for whom do you think the arbitrator will rule?
Anyway, pursue legal remedies for the credit card issue. If it is proven that they committed a criminal offense regarding the credit card, it will then likely be much easier to address the employment related issues.
WTF, brother? For whom do you work? Your situation sucks.

This is what I was referring to^^^

 

[A Life Aloft]

Clearly, the credit card part of this situation as stated is criminal.
The only potential hitch in the giddyap is a "binding arbitration" clause in your employment contract.
Binding arbitration clauses are a real problem for American workers, though most American workers don't even know about them. Those who do know about them often ignore them and their implications because, well, those workers need a jerb, and do not feel that they are in a position to fight the system.
The BA clause basically eliminates your constitutionally granted right to legal redress from the courts. They became fashionable in corporate boardrooms about the same time as those same boardrooms were spending millions on so-called "Tort Reform" to convince people that lawyers and laws and courts were evil. We were to believe (and millions do) that anyone who sought legal redress for grievance was a greedy "sue-happy" wanker who was just out for a free payday. But, the end result is that now almost every employment contract has a BA clause that severely restricts your right to seek legal justice. You will be forced to accept go to an arbitrator instead of a judge. The basic problem with this is that the arbitrator is paid by the corporation (not you). So for whom do you think the arbitrator will rule?
Anyway, pursue legal remedies for the credit card issue. If it is proven that they committed a criminal offense regarding the credit card, it will then likely be much easier to address the employment related issues.
.

Where there is criminal activity or fraud, any BA clause will not be an issue. There is not one venue to seek/pursue against his employer. There are many. The Labor Board, The Attorney General's office, the police and so forth. It's an attack/investigation on many fronts. Criminal activity by a company/business is not protected by any Binding Arbitration agreement. Nor will it hinder or stop any of the entities that I have mentioned to investigate this matter and the company and prosecute them. That is the real power and the point. A crooked company can literally be destroyed when an attack is mounted on several fronts. And he will be compensated for what has happened to him.

This is why I suggested the Attorney that I did in post #17. This guy is huge, has been in practice for over 25 years and he's a class act. This is what he specializes in and has a very high success rate.

One of his specialties besides labor/employment law is:

• The Sarbanes-Oxley Act which protects employees of publicly traded companies who report corporate fraud or securities violation.
• California's Whistleblower Protection Act which prohibits retaliation against California employees who report violations of workplace safety laws, misuse of government funds or other illegal activity.

Federal and state whistleblower laws protect you from retaliation by an employer for reporting illegal activity or fraud. Retaliation can include negative changes to your working conditions or employment status made to punish you for blowing the whistle. Our whistleblower lawyers help clients when an employer fires or discriminates against them for refusing to participate in or reporting an employer's unlawful activity.

We handle a wide variety of employment law and labor law matters including firing or mis-treatment of an employee who reports unlawful or unethical practices internally to management (See Labor Code 1102.5) .

The small picture is the credit card theft/mis-use. Labor issues need to be addressed as well. The larger picture is what other illegal activity is his employer involved in. ALL of this needs to be looked at, investigated and addressed. If what the OP has stated is correct and true, and he has not misrepresented the facts, it is very unlikely that this is not the only shady practice going on at this company.

 

[Bumblebee]

Can you please PM details of this to me?

contact me, my wife is a Partner of a Law Firm in Sacramento...we may be able to get you a good referral.

 

[Muff3n]

I am so sorry to hear about you going through this man. I know one part of you just wishes this was over and you just move on, but this company needs it stuck to them. I could get in contact with one of these hot shot attorneys and hit them back.

It also may be good for Derg to,delete this thread, I don't think it could be considered defamation or anything since you haven't posted the company name, but I am no lawyer.

I wish you the best of luck in the legal journey against this company you are probably going to embark on. I know things seem awful right now, but it will all work out man. This will all just be a distant memory in 10 years. Take care.

 

[derg]

It also may be good for Derg to,delete this thread, I don't think it could be considered defamation or anything since you haven't posted the company name, but I am no lawyer.

Ehh, it's not really how the internet works. Google caches stuff minutes later in many circumstances.

 

[Muff3n]

Ehh, it's not really how the internet works. Google caches stuff minutes later in many circumstances.

When said thread is cached and then appears in a search it would still just be a dead link though wouldn't it? Or would it somehow save all of the text that was said on the entire thread?

 

[ComplexHiAv8r]

Ehh, it's not really how the internet works. Google caches stuff minutes later in many circumstances.

Except the Lav correct? Only NSA gets it right?

 

[derg]

Except the Lav correct? Only NSA gets it right?

It's hidden from the bots, yes. But just because it's hidden from the bots doesn't necessarily mean the information is entirely secure.

Enough of you guys have browser extensions, spyware, malware and the ever-present security cluster-(blank) that is Facebook to make anything online secure.

 

[Bumblebee]

cluster blank? Is that a new server reference?

 

[derg]

cluster blank? Is that a new server reference?

Cloud storage, TRICK!

 

[wheelsup]

If you delete this thread a link may appear in Google but the link will be dead. It won't even show a cached page.

 

[derg]

*sigh*, ok, y'all are the experts.

 

[Bumblebee]

BAM

and
you can lead a horse to water but you can't make him hamburger.

 

[Inverted]

Uhhhhhh my company credit card does not go on my name or SSN. I have never heard of anything quite like this before. A lawyer is 100% immediately needed.

 

[flyingbum]

A signed agreement for binding arbitration doesn't really matter. You only need to argue bad faith in business contracts. If I were in your shoes, I would strike so hard and fast that their heads spin.

 

[BEEF SUPREME]

Uhhhhhh my company credit card does not go on my name or SSN. I have never heard of anything quite like this before. A lawyer is 100% immediately needed.

All of the pilots, hundreds of them have agreed to this. Also keep in mind I'm making money flying airplanes and have been unable to get a job after over a year of looking. I don't know why anything would change post legal battle. In fact I think there is way less of a chance of a new job after I throw lawyers at my current employer.