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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 35359
Experience:  16 years practicing attorney, JD, BA, MBA
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Our supervisor caught one of our security guards leaving his

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Our supervisor caught one of our security guards leaving his post early at 11:15 pm at night when he was scheduled to get off at 12:00 midnight. We checked the time clock he punches out on using a telephone which shows he waited until 12:03 am to clock out. We are going to fire him today for not working his scheduled shift and for fraudulently clocking out. Can we deduct additional time from his paycheck for doing this on other days if he admits doing it other days? If he does not admit to doing this on other days can we deduct for it anyway and you will probably say no unless we can proof it?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Can we deduct additional time from his paycheck for doing this on other days if he admits doing it other days? If he does not admit to doing this on other days can we deduct for it anyway and you will probably say no unless we can proof it?
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Essentially, you can't withhold his wages unless he admits the days clocked out early. If you assume he did and withhold, he can file a "wage and hour complaint" with the AZ Dept of Labor and cause a whole lot of trouble for you if you can't prove he clocked out early.
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If he does not admit to doing this on other days can we deduct for it anyway and you will probably say no unless we can proof it?
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You guessed right...no proof or admission, you can't deduct.
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Thanks.

Barrister

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