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Crane
02-11-2006, 08:04 AM
I clocked out 1 minute late and my boss got after me for it.

My question is can you be fired for clocking out late.
there is nothing in the company handbook on this or take 15
minutes from me for that 1 minute?

Pattymd
02-11-2006, 08:13 AM
It's petty, but it isn't illegal. :(

bears00
02-11-2006, 08:14 AM
Yes you can be fired for that. You can be fired for anything not statutorily protected, or no reason at all. It is called employ at will. It means that you may quit at any time without reprocussion, and they may fire you at any time without reprocussion.

As far as docking your pay for 15 minutes for being 1 minute over, that would depend on how they administer the rest of their payroll policies on rounding. I guess my question is this, were you one mintue past the hour, or were you 1 minute past the leeway time?

Pattymd
02-11-2006, 08:18 AM
I missed that, Bears, good catch. OP, what is the policy on rounding? And is it actually possible for all employees to clock in/our exactly on the hour? Depending on the number of employees per clock, it may be nigh to impossible.

Are you saying that if you clock out one minute late they withhold 15 minutes' worth of pay for the time that you did work? That they cannot do.

Crane
02-12-2006, 07:13 AM
Ok my shift is over @ 5:45. I clocked out at 5:46 and I was told that I am not to clock out until 5:47.

Pattymd
02-12-2006, 07:40 AM
There is nothing illegal about that. If the company has any rounding rules at all (which you didn't answer), it wouldn't make any difference anyway, as they legally can round to the nearest 15 minutes, as long as it is done consistently. Therefore, it makes absolutely no sense, because it apparently does not affect your pay, but it isn't illegal.

You also, however, didn't answer the question about what is, in fact, being "docked". If all that is happening is you are being told to clock out at 5:47 instead of 5:46, no federal or state law is going to require that you be paid for an extra minute (a minute is considered de minimus), and there is no law that prohibits the employer from disciplining you for not doing so, although it is petty. Such discipline cannot include not paying you substantially for the time you DID work. But that's it.

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