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Company owner altered my time sheet, admitted it, and doesn't see the issue Wisconsin

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  • Company owner altered my time sheet, admitted it, and doesn't see the issue Wisconsin

    I submitted my timesheet (which is an excel spreadsheet) on thursday of last week.
    Today when I recieved my paystub, I noticed a discrepancy in how much I should be paid vs what I actually got.
    So I chkd my time sheet and it was different, 3 days that I had put down as PTO (8hrs ea of the 3 days) were no longer on the sheet.
    I emailed the boss/owner and he said he deleted the info.
    I want to know if it's LEGAL to alter anyone's timesheets.
    here's the scoop

    Dear Employer X


    I believe my timesheet was changed/altered after I had already submitted it to you on Thurs Evening.
    I requested use of 3 days PTO @ 8 hrs per day those 3 days with the submission of my timesheet.
    I was not paid for PTO for any of those days. What I filled in on my timesheet was MISSING when I checked it yesterday.
    Why were those PTO hours for the days I was out sick not honored? I have not used any sick days this year.
    Please get back to me on this asap.

    Thank you


    Employee X


    here is the response I got via email tonite.

    You have used up all your vacation days and PTO days this year way back when you took that huge vacation for your son’s graduation I believe. I certainly will remove things like this from a timesheet when they are not valid. PTO days are the 3 snow days that can be used as sick or personal days if there is no snow. You are probably in a negative vacation debt for using up you vacation before you adequately accrued it. Thus if you were to leave AMPT you would owe me money for the “advance” that you took on your vacation that I generously allowed.



    I told the employer that I had to leave town for 3 wks during the month of May to attend my oldest son's graduation ceremony, and that our family reunion was also during this time and in the same location. I informed him that this had been on my schedule for years and when I told him I am not expecting to be paid for this time, he said not a problem at all. WHILE I was gone, the director of operations and I were on the phone and she said "are you taking vacation time? you have some, ya know." I said "I DO?" keep in mind I had only worked for this company for 2 mths, maybe less.
    She said the company owner said "give her 8 days at 8hrs/day!"
    I was shocked and grateful. Nothing was ever put in writing and when I asked last week for all employees to be given their benefits and pto/vacation/ etc in writing, we got an email that included the following

    VACATION:
    0-2 yrs – 10 days vacation

    2. Snow/Personal Days
    a. 3 days/yr – can be used as personal (or sick) days if no snow
    b. Snow/Personal days cannot be used in conjunction with vacation days
    c. Snow days cannot be accrued or carried over from year to year
    d. If more than 3 snow days are used, then additional days off due to snow will need to be taken as vacation days

    what the heck!

    1-is it LEGAL for him to alter my timesheet ?


    I am having to save a seperate copy of my timesheet on excel spreadsheet to see the discrepancies! Please help?
    Last edited by sevendustlady; 08-25-2009, 07:04 PM. Reason: spelling

  • #2
    It is legal to alter the timesheet, especially when you entered vacation time for which the employer was not going to pay you. It is only a violation of law if you are not paid for all time worked, regardless of whether a time sheet is altered or not. Payment for unworked time is not an area addressed by wage and hour law.

    I would ask for a little more detailed accounting of your time off accruals and usage, though, because I saw "probably" and "I believe" in your employer's response.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      I entered the PTO time for 3 days that I was sick.
      I did not enter vacation time.
      If he didn't want to pay me for it, how can he just delete information that I entered on my timesheet instead of contesting it? I was under the understanding that a timesheet is a LEGAL document and cannot be altered??? If an employee submits PTO time and it is not honored how can the owner just go into the excel spreadsheet and delete any proof that the employee submitted it in the first place????? These 3 days of PTO are something I am entitled to. He is claiming I can't use them because "it is only a sick day if it hasn't snowed"...........IT'S AUGUST RIGHT NOW. lol

      Comment


      • #4
        The timesheet is not a legal document. It is merely what YOU recorded. It is is no way a violation of any law to modify a timesheet submitted by an employee. Bottom line, it is the employer's legal responsbility to keep accurate records of time worked.

        All I'm saying is that this is not a violation of law. Any issues regarding your paid time off usage, balances, etc. need to be addressed internally.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Question::: if I document that I work 6 hours and he ALTERS it to say that I only worked 4, then that is illegal, correct?

          Comment


          • #6
            What would be illegal would be paying you for less time than you worked and not keeping a valid record of the work hours - NOT altering the time sheet. The result, not the action, is the illegality.
            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


            • #7
              I submitted expense reimbursement form, I found today that it was tampered with and the one that is sitting in my folder (that he changed) shows $100 less reimb expenses than the one I submitted. I saved a backup copy on my desktop. He is lying, saying he didn't change anything but I have the proof. What can I do?

              Comment


              • #8
                In your state, very little legally, unless there is a legally binding contract or CBA guaranteeing you expense reimbursement. There are only two states which have any laws mandating expense reimbursement and WI is not one of the two.

                You are free to take any internal remedies your company procedures may offer.
                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


                • #9
                  If the employer is not keeping accurate records of the hours you worked each day and each week including the beginning and ending of each work day, then the law in being violated.
                  "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

                  Comment


                  • #10
                    we are not directed to keep records of when we begin or end our work day, just how many hrs were worked per day.

                    Is that right?

                    Comment


                    • #11
                      No, it's not. Not if you are non-exempt.

                      But that's the employer's problem. Unless you are not being paid for all the time you actually work, failure on the employer's part to keep accurate records of time worked does not provide you with any legal recourse or any grounds to sue.
                      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


                      • #12
                        It is the employers responsibility, not yours to keep accurate records of the number of hours worked each day and each week and the beginning and ending of each workday. What I am saying is that it is ultimately the employer's responsibility to record hours worked, however an employer can require you to fill out your own time card.
                        "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

                        Comment


                        • #13
                          Just to be clear for other people that may be reading this thread, actual time in and out is not federally required. It is in Wisconsin(time in and out). http://www.dwd.state.wi.us/er/labor_standards_bureau/permanent_records_to_be_kept_by%20_the_employer.ht m[/url]
                          Last edited by Pattymd; 08-26-2009, 02:23 PM.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Patty, if it is the law in WI for the employer to keep records of our time in and time out, and he is not doing so, just asking the employees how many hours they worked, then is he breaking the law? We don't have time cards, we use microsoft excel spreadsheets.

                            Comment


                            • #15
                              If the employer does not have the required records (no matter WHO completes them), then yes. However, that in and of itself does not give you any legal recourse. What legal recourse YOU may have only comes into play when you are not paid for all time worked (not paid time off, time worked).
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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