I work & live in the State of Delaware. As assistant manager, I was responsible for posting payroll. My boss, the manager, insisted that I edit time sheets for hourly employees to take out breaks. Often those employees did not even take a break and if they did, I certainly did not know how long they were gone. Also now if an emplyee is scheduled for instance from 10 to 3 and they clock in 10 min early or 20 min late, he edits the time back to the schedule. He also had me work overtime and deleted my ovetime. He only allowed me to add time in the next few weeks so that I never exceeded 40 hours in any given week.

He left a threatning note that all the management staff would be required to work off the clock to do recovery (restock) of the store.

He also asked me to to falsify records to the home office.

He is a classic bully in the workplace. He pretty much targeted all of the women in the workplace. We only had a couple of males on staff and I don't recall him going off on them.

Are any or all of these offenses for which he can be sued?

I forgot to mention that I had a nervous breakdown as a result of his bullying. I have not been able to work since this happened in Nov. 2007.

Ah, I see that you started a new thread. I moved your other one before I saw that. I'll lock the other and we'll use this one.

There is no state where an employer can legally deduct a break that the employee did not actually take; additionally, under Federal law a break that was under 20 minutes must be a paid break. (Note that neither Federal nor Delaware law requires rest breaks, although Delaware law requires employees who work 7.5 or more hours receive a 30 minute, unpaid meal break, after the first two hours of work and before the last two hours of work.)

However, employers in all 50 states can legally require an employee to take a break regardless of whether the employee wants to take it or not, and the employee can be fired for not taking a break that the employer wants them to take.

Additionally, an employer can legally limit an employee to working only 40 hours a week, although if the employee works more than that they must be paid overtime anyway. They CAN be fired for working unauthorized overtime.

A certain amount of rounding is permitted but I will let one of the payroll people explain what is and isn't allowed.

I'd need to know more about what you call bullying before I can address that.

His bullying consisted of:
l. Yelling and insults.
2. Threatening to make people to work off the clock if they did not perform according to his unreasonable expectations. He expected of us things that which he himself did not or could not do.
3. Ridicule, teasing and sarcasm. He called one girl "Butch" because she was kind of a tomboy.
4. He would talk through gritted teeth.
5. He would slam things around while yelling. He even through a chair once.
6. He humiliated employees in the presence of other employees.
7. He would give you the silent treatment (although there were times when that was more of a blessing)
8. You could tell when he walked in what kind of mood he was in. Very moody.
9. Talk about employees behind their back calling them useless and stupid.
10. He asked me to lie to the District Manager in front of another employee.
11. He tried to transfer his salary for a week to another store when he only worked there for 2 days. I had to threaten to go to the District Manager to get him to correct it. (he had already turned it in and I caught it)
12. He changed schedules without notifying that person and then yelled at them when they didn't show up on time or at all.
13. He would leave a message with my niece that he had changed my schedule with less than 24 hours notice. There was no reason for the change. No one had called out. One time it was so slow that he let 2 people go home and then he yelled at me for not coming in early as he had told my niece to tell me.

This could go on and on. The last time he spoke to me through gritted teeth and then yelled at me, I had a nervous breakdown.

On my overtime, he asked me to work it.

Why are you even bothering with this guy? Get outta there as soon as you can; then file your unpaid wages claim. He sounds horrid.:mad:

If the employer caused a nervous breakdown contact an attorney.Delaware courts generally recognize tort actions arising from the termination of an employee. Miller v. Spicer, 822 F. Supp. 158, 169 (D. Del. 1993) (termination involving extreme and outrageous conduct on the part of the employer can support a claim for intentional infliction of emotional distress. However, the Delaware Workers' Compensation Act is the exclusive remedy for an employee's personal injuries arising during the course of his or her employment. Porter v. Pathfinder Servs., 683 A.2d 40, 41 (Del. 1996).
JoeC