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Exempt who must clock in Florida

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  • #16
    Sophie -

    I'm not sure what kind of claim you are referring to, but I disagree that the employee would not have a valid claim.

    The employee would have a valid claim (unemployment, lawsuit, or otherwise) of wrongful termination. The fact whether or not the company policy in which you have referred to, legal or illegal is neither here nor there right now, it is completely irrelevant. What is relevant is that you have asked whether or not you may terminate this employee based on company policy. The answer is yes, you may. Although, in the first paragraph you make it quite clear that you do not adhere to or enforce the company's old policy. If you terminate the employee for not following company policy, you should probably have documentation on what the policy was, when the employee was made aware of when they did not adhere to it, what opportunity they were given to correct their behavior, who was responsible for monitoring and following up with this employee, etc.

    You have "written" a new policy by allowing the behavior of the employee to continue. You have reinforced this new policy by not warning and/or taking disciplinary (up to termination) against his direct supervisor (the DM), and the personal responsible to maintain accurate records (payroll clerk). Also relevant to this employee's case is that you as the employer must maintain accurate records, the burden to obtain & maintain accurate records is on you. I would argue (but only if I was defending the employee) that you may be expecting more than what a reasonable person should expect from someone in this employee's position and therefore should seek an alternative to a timecard for the record keeping of mobile managers' time.

    Just another opinion...
    Last edited by cslewis; 01-10-2009, 07:33 PM. Reason: to edit/complete post


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