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California Sup. falsified timesheet Got terminated

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  • California Sup. falsified timesheet Got terminated

    So Friday my boss tells me to enter my hours myself for the first time as I just started employment and was in training. Immediataly she was intimidated by me as I have more experience than her. I was told to start from 8-4:30pm. At times she would call and say she was late to show up around 8:15 and if she wasn't there to read my manual. Friday I noticed she changed all my 8-4:30 to 7-3:30. I also mentioned I worked 1 hour of over time due to a safety meeting that was at 7. She stated that she wasn't allowed to give me overtime during training so took it off and I mentioned that she changed my time sheet monday and she had me open my gps and send it in. Today my boss fired me because he said I was late to work as I was supposed to be starting at 7. She is the only supervisor that starts at 8 and doesn't have gps so you can't look up when she gets there. Do I have a leg to stand on? They can see my gps for the past 3 weeks 8-4:30 and that she clearly changed my timesheet as it is computer entered. They also didn't pay for my 1 hour overtime or my 2.5 hours worked today til termination.
    THanks in advance.

  • #2
    You can file a claim with the state for unpaid hours.

    When you say "do I have a leg to stand on" with whom are you referring? The company can take what you say and either let the term stand or bring you back to work. However it isn't illegal to fire you because you changed your timesheet (against company policy) to what your boss wanted.

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    • #3
      Agreed, but be careful what your complaint is.
      - Not paying for hours worked is illegal, and the time accounting system is at best just the employer's opinion. File a wage claim with CA-DLSE. I am not saying that you will certainly win, but you have a good argument. Especially if you stay on target. Both federal and state law are very clear that hours worked, even overtime worked, must be paid. That approvals are legally meaningless.
      - Based on what you have said your termination is legal. CA-DLSE will not care.
      - The whole "my supervisor did not like me, et al" is a who cares as far as CA-DLSE is concerned. It is just your opinion and even if you are correct, they still will not care.
      - Your company will almost certainly come up with a whole different narrative which will disagree with your narrative. Avoid the narrative, because CA-DLSE has no interest in listening to either party's narrative. You worked the hours. You were not paid the hours. That is your entire story. If CA-DLSE really wants to listen to the soap opera, answer their questions, but do not inflict it on them. They really do not care.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Changing the times you reported from 8-4:30 to 7-3:30 is pointless but not illegal. Not paying you for the extra hour you spent in a meeting is illegal and you can file a claim for that time as the others have said.

        It is also legal (though strange) to fire you for reporting at 8 when you had been told to report at 8 based on work being regularly set to start at 7. When your manager shows up has no bearing on anything at all. It has nothing to do with you an for all you know, she does so for a good or at least, approved reason.
        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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        • #5
          Actually this is CA and CA really does require employers to keep accurate start/stop and lunch times. Not just hours worked in the day like the feds do. However, that is between the employer and the government. The employee is not a legally injuried party as long as the correct total hours are paid. Which did not happen. Agreed that the employee's sole issue is the hours not paid. Nothing else legally mattes to the employee.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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