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Thread: Terminated for "Time sheet Falsification" because work missing on database Florida

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    Default Terminated for "Time sheet Falsification" because work missing on database Florida

    I work from home, and I am in AZ but the company is in Florida. After doing my work last week and entering into the company database as usual, payroll notified my supervisor that no work had been entered in all week yet I had submitted a timesheet. But I did enter in my work. They asked me to try and retrieve it from my computer but I was unable to because we are always told to securely delete data for security reason. So we I use software to completely make any recovered data unreadable. They didnt let me work for 3 days because they claimed they were checking their database. Then I was terminated and they said it was for falsifying my timesheet. And that is not true. I am not stupid first of all, why would i enter in a time sheet without any work to show for it? And second, I did enter in my work. And This really upsets me because if anything it should not be termination because anytime an employee has more time then work to show for it, they make it differential pay and give the person a write up. But they said I was terminated. Is this legal? Because I some of my work did show for the week just not all of it, so I should of been given a write up for differential like everyone else is for the amount of hours being too high compared to the amount of work(so they have to make up the difference with differential pay to meet min wage requirements). I know I wont even be able to get unemployment either because of the accusation. And its not true!!!! Is their anything I can do about this injustice?

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    Yes, this is legal. They are allowed to terminate you on suspicion of falsifying your timesheet, even if they are mistaken. And no, this is not a wrongful termination, which does not mean firing you for something you didn't do, but firing you for a reason prohibited by law. Just because they have written up other people does not mean they are not allowed to terminate you - for all you know, they finally said, "writing people up isn't doing any good; next guy gets fired". And it was you.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Quote Originally Posted by cbg View Post
    Yes, this is legal. They are allowed to terminate you on suspicion of falsifying your timesheet, even if they are mistaken. And no, this is not a wrongful termination, which does not mean firing you for something you didn't do, but firing you for a reason prohibited by law. Just because they have written up other people does not mean they are not allowed to terminate you - for all you know, they finally said, "writing people up isn't doing any good; next guy gets fired". And it was you.
    Ok I understand for the most part. But you said they could fire me for a reason prohibited by law. But even if that reason is not true? And if its against the law and they are so sure I did this then shouldn't they call the police? I wish they would so the police could investigate and see that I did nothing wrong. But I see your point. Basically they can fire me for whatever reason as long as its not something discrimatory etc. And just so you know they are still writing people up for differential. I was the only one who got fired and I know why. The HR manager was never fond of me and was targeting me but since I cannot prove any of this I guess I just need to move on.

    I did have 2 other questions, can they give me a negative reference for future jobs since they were not able to prove anything? And if i filed for unemployment, would they be allowed to dispute it if they even said they could not prove it but suspected it?

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    I said they cannot fire you for a reason prohibited by law. But firing you because they believe you falsified your timesheet, even if they are mistaken, is not prohibited by law.

    Clarification:

    Firing you for a reason prohibited by law is illegal (wrongful termination)

    Firing you for something you didn't do is not illegal (not a wrongful termination)

    Falsifying your timesheet is not a criminal offense - therefore, even if they did report it to the police, the police would not come and investigate it.

    Yes, they CAN give you a negative reference. They do not need proof - they are not a court of law. They are allowed to say what they believe to be true, and they believe you falsified your timesheet. Whether they WILL or not is unknown.

    The employer can ALWAYS contest benefits. Just as you can ALWAYS apply.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    I just realized where some of your confusion is coming from.

    In an at-will state, which is every state except Montana and even includes Montana in some circumstances, you can be fired for any reason at all except for a very few which the law prohibits. You cannot be fired because of your race, gender, religion, or other characteristics protected by law. You cannot be fired because you filed a workers comp claim or applied for FMLA. You cannot be fired because you joined a union or attended a union meeting. You cannot be fired because YOU reported illegal activity on the part of the employer to the appropriate regulatory agency. You cannot be fired because you complained of sexual harassment. Depending on your state, there may be more, but these are the main ones. These are "reasons prohibited by law" and there are specific laws that state that you cannot be fired for these reasons. If you are fired for one of these reasons, that is a wrongful termination.

    The law does NOT say that you cannot be fired for something you didn't do, or that the employer must have proof before he can fire you. Therefore, being fired for something you didn't do is NOT a wrongful term.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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