Tags: asking, attorney, card, changing, computer, employee, employer, employment, husband, labor, law, lawyer, legal, minnesota, program, punched, time
mn employer changing time card to less hours without asking employee Minnesota
My husband is having issues with his employer going into their time card computer program and changing the time he has punched out to an earlier time. My husband confronted him about the fact that he had done this and he said "you did not have a punch out time that day". My husband is certain that he did punch out and told his supervisor this. He responded by saying that he would be "adjusting time cards tonight" and would fix it.
Is it legal for an employer to change the time recorded by the time clock?
He did not ask my husband what time he stopped working that night he just put down a time for him, since his schedule reads "through close" as his end time ( he works at a restaurant) and the time they finish varies is he allowed to do this?
In addition to that the time he put down for him is far earlier than he usually would be done working. He put down 9:00 as a punch out time rather than the 10:45 time that he actually finished working. He generally would punch out anywhere from 9:30-11.
Would this be considered a justifiable reason for him to quit for unemployment purposes?
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- 5 Comments
- Sorry, my response of "possible wrongful termination suit" was in relation to being fired for filing a wage claim. Not that one is appropriate now. ;)#1; Mon, 07 Dec 2009 04:53:00 GMT
- I assume your husband is a non-exempt employee. Even though the time cards are being adjusted, is your husband getting paid for all time actually worked? If not, he needs to file a wage claim with the Mn. DOL.
I don't think he should quit. When you quit, your chances of getting UI benefits go down.#2; Sun, 06 Dec 2009 13:00:00 GMT
- He would also have a very good reason to see an attorney regarding a wrongful termination suit.
If he is not already doing so, he should keep his own records, at home, on his own time.
Was this just a one-time occurrence or does it happen often? Did they "fix it"? Did he tell the boss what time he finished work?#3; Sun, 06 Dec 2009 14:11:00 GMT
- He is an hourly employee.
I suggested that he file a complaint with the dept of labor. He thinks they will probably fire him if he does but then I suppose he would qualify for unemployment.#4; Sun, 06 Dec 2009 14:02:00 GMT
- Just to be clear, the employer altering the time records per se is not a violation. The violation would be the employer not paying the employee based on actual hours worked.
Past that, what everyone else said.
- Quitting always greatly reduces the chances of getting UI. Not necessarily eliminating all chances but greatly reducing the chances.
- "Hourly" and "Salaried" are payment methods that mean next to nothing by themselves. What is important is the Exempt status. Non-Exempt employees must be paid overtime, and Exempt employees do not. There are many employees who legally are both Non-Exempt and paid on a Hourly basis.
- It is a very good idea for any Non-Exempt employee to keep their own time records at home, not using company equipment including email or copiers. A paper notebook works great. Then check hours worked against the paystub each time a check is issued.
- If the employee wants to quit anyhow, then there is no reason to not file a wage claim if there are hours worked but not paid. While it is illegal to fire someone because of a wage claim, employers will sometimes claim an unrelated reason for the firing. Not a certain thing, but there is also no reason for the employee at this point to also persue a wrongful termination action.#5; Sun, 06 Dec 2009 18:07:00 GMT