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termination for mis punching

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  • termination for mis punching

    In California is it legal to terminate an employee for not using the timeclock correctly? Example: punching in instead of out, forgetting to punch back in from lunch, forgetting your time card???

  • #2
    Yes, it is. In fact, it is legal in all 50 states to terminate someone for that reason.
    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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    • #3
      mis punching

      Well I am glad that I do not usually have this problem. In fact I am the one making all the corrections for my department. Do you think these employees will be eligible for unemployment if they are terminated for this reason?

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      • #4
        I think it will depend on whether they missed one punch or several, and whether or not they had been told that if they failed to punch correctly they would be fired. That's what it would depend on in my state.
        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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        • #5
          Non payment for missing a punch.

          Our employer is making us sign a paper that they made, stating that acording to NYS labor law, if we miss a punch that we will not be payed for the hours worked. And that if we don't sign this form that we will not receive our next check. Is any of this true or legal in NYS.

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          • #6
            DWal, I answered your question in your specific thread.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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