My boss makes calls pretending to be a collector. Is this legal?

Question

Whenever we have trouble with a customer who wont pay, my boss stops calling for a week or so, then calls back pretending to be a collection agency. Is this legal? Now she wants me to start doing the same. Am I in my legal right to refuse? (State of CALIFORNIA)

Answer 1

Yes, that is fraud and she can't make you do it.  If I were you I'd report her, but be prepaerd to lose your job unless she is just a manager and not owner, then the company would just get a new manager...maybe you because you have better morals than her.

Answer 2

If you are willing to settle for unemployment, yes you can refuse. Calling on a collection item makes you a collector and if it is not your money, you are also an agent. The legalities of collecting are more about what you do, not how you act.Your boss will just say she wanted a more aggressive posture and you refused. That would still be insubordination and termination is a possibility.

While this is stretching it a bit, even in California it is probably not illegal. Good Luck.  

Answer 3

if the customer owes you can attempt to collect,  all a collection agency does is either buy the account or they recover it for a fee.

as long as you do not violate the "Fair Credit Reporting Act" in the manner which you attempt to collect there is not an issue.

failing to follow the employers instructions to perform a duty that is not illegal is cause for termination (insubordination).

you can refuse a directive from management if what they ask is illegal or violates guidelines of a regulatory entity otherwise failure to do what is asked is grounds for immediate separation.