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Employee worked wrong date!!! California

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  • Employee worked wrong date!!! California

    Hopefully this will be simple enough to answer. Our company employs product demonstrators in grocery stores. One employee recently (although it has happened multiple times in the past with other employees as well) was scheduled to work in a store on 3/27, but misread her paperwork and went in on 3/20 and completed the promotion. Are we required to pay her for the time she spent in the store on the wrong day?

    Secondly, she used company funds to purchase the product that was to be promoted - is it lawful to require those funds back from her?

    Any information would be appreciated. Thanks.

  • #2
    Yes, if she worked, she needs to get paid. You may discipline her, even terminate her for working the wrong day, but she must be paid for time worked.

    I don't really understand the 2nd question.

    Comment


    • #3
      Agree on paying her since she worked the time (it's the law) - though you can take
      other action to discipline employee.

      I don't quite understand 2nd question either - wasn't she suppose to use co. money
      to buy products promoted?
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        In regards to the 2nd question - we supply them with money to purchase product. But since she did the promotion on the wrong day, we have to reschedule, and so issue MORE funds to re-do the promotion. Can we claim the initial funds used from her?

        Comment


        • #5
          Your product still got promoted. Is this a minimum wage job?
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            What would make you think you woulnd't have to pay her? And why should she have to pay for your product to promo?

            And lastestly why do you have to reschedule the promotion?

            Comment


            • #7
              It seems per your first post other employees have also done this - did you
              pay them?
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by CAsmall business View Post
                In regards to the 2nd question - we supply them with money to purchase product. But since she did the promotion on the wrong day, we have to reschedule, and so issue MORE funds to re-do the promotion. Can we claim the initial funds used from her?
                She did the job exactly as it should have been done, just on the wrong date. It appears to have been an honest mistake. Don't punish her and no, you don't have any valid reason to require her to repay you. She used the money as intended. Explain to her (again) how to read the promotions calendar and tell her to be more careful in the future. Then just let it go.

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                • #9
                  I did this type of work ages ago. Since employees are all over the place, the employee buys the food products to demonstrate and then the company reimburses them for the cost later.
                  I agree, honest mistake and the employee should be reimbursed for the cost, but thats not a legal opinion, I just think its the right thing to do.
                  I find that the harder I work, the more luck I seem to have.
                  Thomas Jefferson

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                  • #10
                    Okay, perhaps I didn't make it clear. We receive instructions from our clients who want their products promoted on a certain day in a certain store, and we provide the staff. So if they do it on the wrong day, we still have to send someone in on the correct day. It was just a mistake on her part (or so I can only assume), but we can only bill the client for one promotion.

                    And it is actually our money she used - we issue a debit card loaded with our own funds - nothing comes out of their pocket.

                    If we were to allow this without any repercussion, then employees would constantly go to work whenever they feel like it and expect to get paid.

                    If it were a regular office job, and you were not scheduled to work on a Saturday, but you show up anyways, can you demand to be paid for it???

                    Comment


                    • #11
                      And Betty3 - she is paid more than minimum wage.

                      Comment


                      • #12
                        YES. There are NO circumstances under which you can legally not pay an employee for work that they did, even if they did it on the wrong day and even if the work was unauthorized. You CANNOT under any circumstances whatsoever have an employee work for free, no matter what.

                        If you want to write her up or fire her for working on the wrong day you can do that. But you MUST pay her.

                        Given that CA is the only state in the US that requires an employer to repay an employee for business related expenses, I do not see any legal way that you can require her to reimburse you for the product.

                        Employee error is a cost of doing business.

                        I do not know how to make it any more clear than that.
                        Last edited by cbg; 03-25-2011, 08:15 AM.
                        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


                        • #13
                          Wow - that truly sucks. Thanks for the information - we will fire her.

                          Comment


                          • #14
                            Wow - is it really that serious? I understand your company will incur the cost of the promotion being held on the wrong day but if this is the first time it happened and she is otherwise a good employee, I wouldn't fire her. I'd let her know that she caused a serious problem with financial consequences to the company and that if it happens again, she would be terminated.

                            But of course you get to use your own judgment and you're much closer to the situation than anyone responding here.

                            Comment


                            • #15
                              You said in your first post other employees have done this - did you fire them also?
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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