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  1. #1
    Join Date
    Jan 2016
    Posts
    2

    Default Unfair Write-Up for Time Card Fraud

    My question involves labor and employment law for the state of: TX

    I believe I was accused and disciplined for time card fraud wrongly.

    I am the manager of the insurance department at a car dealership. I have always had access to correct time entries for myself and my staff.

    On Friday, 1/22/2016 I punched in at 9 am. When I came to the office on Sat morning (which is not frequent) to pass out bonuses to some of the car salesmen for referrals to the insurance department, I went to punch in at 8:58 am. However the electronic punch clock program (TimeKron) showed that I was still punched in from the day before. I punched out then punched in to reflect my Saturday arrival time. I then went in to admin mode and corrected the log out time from Friday to 4:20 pm. I passed out the bonuses and punches out at 9:33 am.

    The following Wednesday General Manager came to my office and asked how long I worked on Saturday. I told him about 30 mins. He showed me a report from payroll saying that I punched in at 8:58 and out at 9:33, but changed my time to show that I worked until 4:20 pm, whichmade it appear that I worked all day Saturday. I explained that 1) I don't think that is correct because I corrected my time by recording an accurate punch out time that was missing Friday, 1/22/2016 then punched out later at 9:33 when I left on Saturday and 2) If I did accidentally enter the 4:20 pm punch out on Friday instead of Saturday it was obviously an error (not intentional) because it wouldn't make sense to punch in at 8:58 om Saturday morning, enter a leave time at 4:20 for Saturday, then ~30 mins later punch out at 9:33 am on Saturday (in that order).

    I also sent this in an email to the HR/payroll person cc: the General Manager. 2 day later he writes me up for falsifying time records. I totally dispute this and want to know 1) if I have a right to see the timestamped entries with my login from the payroll system showing if I did mistakenly did this 2) If I didn't can I demamd they remove the write up from my file an issue a written confirmation that I was accused in error?y question involves labor and employment law for the state of: TX

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Written Up Wrongly for Time Card Fraud

    Lesson to be learned here: Just because you can do something doesn't mean you should. It is always best to have someone else correct your time, to avoid the appearance of impropriety if mistakes are made.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Written Up Wrongly for Time Card Fraud

    They're free to discipline you unfairly unless it falls in the category of illegal discrimination. Further, employee actions are not held to any standard of evidence.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Written Up Wrongly for Time Card Fraud

    In Texas, the answer to both your questions is No.

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Written Up Wrongly for Time Card Fraud

    They may be looking for a good reason to fire you, and have trumped this up just for that purpose. Forget it. you've made your explanations, and they have not been accepted. In your state, in the absence of a union contract, you have no appeal rights of any kind on the job and no labor laws have been violated even if they falsely accuse you of setting the building on fire or doing any kind of nefarious deeds in write ups or evaluations.
    Do not let them make you angry enough to quit the job, because they may very well be trying for this, knowing you are much less likely to get unemployment benefits if you voluntarily quit the job, which would save them money.

    So I'd take the hint, and cover my behind every way possible while doing my job to the best of my abilities. Meantime, be looking around for another job while you are still employed there. Best case, you leave and go to that new job and get away from this work situation. If they come up with something else that you have supposedly done, and fire you, you will file for unemployment benefits at once. It is their word against yours that what they wrote you up for actually happened and that they did have a valid misconduct reason to fire you. Best case scenario here for you is that you win approval of a claim and then go find another job, so why not be proactive? In this "at-will" state, they can fire you for any reason at any time. Your option when falsely accused and disciplined for something you did not do is to leave at will and find another job.

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