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New Mexico-Timesheet discrepancy

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  • New Mexico-Timesheet discrepancy

    I hired an employee who worked for a total of 8 eight days. During that time, I gave her an advance until she received her first paycheck. On day 9 she called in "sick." On day 10 she called me personally and said her father was in the hospital and she didn't know what to do. I told her to keep in touch. (I found out that afternoon that she was actually at a job interview somewhere else.)

    After weeks of not hearing from her, we tried contacting her. Her cell phone had been disconnected. We finally got through in an email and she said things were still bad. We then told her to please pick up her things and that we would no longer require her services. That was in November 2006. Two days ago (Feb. 2007) I came back from lunch and there was a timesheet on my desk from her. She had never given me a timesheet, or even mentioned it when we were in contact with her. At the time of giving her the $310 advance, I thought that she had worked just enough to pay it off and so that was the reason she didn't bother mentioning it. My partner said that when she came in, she told him she was rewritting her timesheet to make it more legible. I dug the original timesheet out of the trash and pieced it back together. There's a discrepancy of about 10 hours between the two - some of the original not being filled out all the way. I know there was a day that she did not come in because her car had broken down (thus the reason for the advance) and yet she has 8 hours filled in for that day. My question is: Do I have to pay her from the new, rewritten invoice or can I pay her from the old invoice? Because I didn't keep complete track of which days she wasn't in, I assume that I have no recourse at all, but I would like to know what rights I DO have as an employer in this kind of situation?

    I know that many people feel that employers have all the rights, but having been on both sides of the workforce, I really feel that the employee may be getting the better deal!

    Thanks for your help.

  • #2
    You only have to pay her for the days she did work. If the old timesheet was accurrate, you may use that.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      A word of advice....

      DO NOT throw away timesheets!!!!

      Throwing away timesheets will come back and get you eventually. Not a good practice.

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