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Sent home b/c timecard mistake in CA California

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  • Sent home b/c timecard mistake in CA California

    I went to work today and a few hours later one of the supervisors shows up and takes my ID card and sends me home. I work in CA. The supervisor said I lied on my timecard and was under investigation and to go home and they would get back to me. 1st let me state this....I don't fill out, sign or turn in a timecard. My supervisor does all of it. I did not tell my supervisor I worked four more hours than they turned in.

    What do I do and how do I protect myeself and my job?

    What can they do?

    Doesn't CA require hourly employees to keep a timecard and doesn't it need to be signed by the employee?

    Thank you

  • #2
    Wage and hour laws require that employers keep an accurate record of time worked by non-exempt employees. No laws dictate the means by which that be done or who has to do it. Most employers find it convenient/a good practice to have employees fill out a timecard and then have the supervisor review and approve it before it goes to payroll.

    The ball is in the employer's court here but you're certainly free to contact your HR representative (or your boss's boss) and explain that your supervisor is the one who completes all the time cards - not the employees.

    Comment


    • #3
      Originally posted by bicket1976 View Post
      Doesn't CA require hourly employees to keep a timecard and doesn't it need to be signed by the employee?
      I am going to answer this one little piece of your question only. Both the federal government (DOL) and the CA government (CA-DLSE) have rules requiring that the employer maintain time accounting information for Non-Exempt employees. These rules as issued by the government do not require the employee sign anything. In the 1930s there was a fairly famous (in labor law circles anyhow) court decision called something like Yankowski v. Montgomery Wards in which the court said that if the employee fills out a time sheet and signs it, then it becomes legally difficult for the employee to later claim that different hours were worked. Over the years most employers consider it to be a best practice for the employee to complete and sign time accounting records. But this is not a legal requirement.

      Past that, you have some legally unrelated issues.
      - If you are not paid based on actual hours worked, you can file a wage claim with CA-DLSE.
      - If your employer terminates you, then you might want to talk to a termination lawyer. Termination law is very complicated and generally not very pro-employee. Also, legally getting paid for hours worked and being terminated are two very different issues.
      - If the employer does something "bad" to you other then termination, then it becomes very detail specific. The employer is not a court of law. They are not required legally to prove beyond any reasonable doubt that you falsified time accounting records. If you are looking for a clean simple answer that makes the employer do what you want them to do, no such answer exists. You may or may not have legal recourse in response to an action that the employer has actually taken but this will be very detail specific.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        so confused

        I don't want to upset my supervisor, but I don't want to loose my job over something I had nothing to do with an no control over.

        My supervisor already knows I am not the one who turns in or fills out the timecards.

        Doesn't the responsiblity lay with the employer to prove wrong doing?

        I have no idea what to do....I just want to keep my job and protect myself.

        Thank you,

        frustrated

        Comment


        • #5
          now suspended for one week

          now i am told i will be suspended for one week with no pay for a timecard issue I didn't even do...as you know...I don't even have access to the timecards that are turned in...it is all done by my supervisor.

          Comment


          • #6
            An employer is not a court of law and does not have to prove wrongdoing in order to take action. In fact, there doesn't even have to BE any wrongdoing for them to take action, and it would still be legal.

            Your supervisor may know that you are not the one who fills in the time cards but clearly someone does not, and they aren't going to know unless you tell them. It is in your supervisor's best interest that upper management and/or HR does not know it or he would have said so already - you can't count on him to tell them.
            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.

            Comment

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