Add Comment Question: I am an employer, just came into the discovery that the office manager paid herself extra salary without my permission or having supporting time sheets. Unfortunately i was and am having limited capacity to spend in the office and I trusted her. The amount is more than $ 40,000 I am willing to compromise and laid her off, or can I fire her? Answer: It appears that, in this context, "lay off" is a euphemism for firing, i.e., there is no functional difference and the question to be answered is: Do you owe her notice (or pay in lieu thereof) or has she given you sufficient reason to terminate for cause, i.e., without any obligation to provide notice/pay in lieu? It is difficult, if not impossible, to assess 'cause' without speaking with you to obtain context and further details. What you describe appears to be theft and if she is in fact employed in a position of trust with financial responsibility, quite possibly cause for dismissal. HOWEVER, if there is any possibility of the employee arguing that she was ill and "not in her right mind" (so to speak), if it was somehow an honest and unintentional mistake, if there is any objective basis to believe her increased pay was authorized and/or that you were aware but turned a 'blind eye', etc., the analysis may be different. To be clear: Presuming that you in fact wish to part company with this employee, the decision you are facing is whether to terminate/dismiss (forget about 'layoff'), and further, whether to terminate/dismiss for just cause or, if not, how much notice or pay in lieu are you obliged to provide. For further clarity: Theft, which this appears to be, is, more often than not, considered to be cause for dismissal...but not always. We strongly recommend that you contact us to obtain a professional assessment as to whether you have cause in the circumstances and to obtain the information you need to better understand your options and possible consequences (including, possibly, your options for pursuing recovery of any overpayment). Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.