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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My work first line supervisor is altering my time card without

Resolved Question:

My work first line supervisor is altering my time card without my permission or even notification. When I confronted him about this, he belittled me saying there was nothing I can do. Im really uncomfortable at work now and it's affecting my performance. What should I do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Michael,

I'm Doug, and I'm very sorry to hear of your situation.

Under CA law, it is illegal for either an employee or an employer to alter a time card such that it misrepresents the actual time worked by an employer. In fact it is a misdemeanor and an employer may be fined for violating the law.

Because the action of the supervisor---by law---is a violation, you have the right to report the violations to the CA Department of Labor and ask them to deal with the issue for you. Once you file the report with the government, you are protected by the law, and it will be illegal for the employer or your supervisor to harass, or in any way retaliate against you for having filed the report.

The employer has the right to record your work time---in fact they have an obligation to do that and to do it accurately. However, they also have a legal obligation not to make changes to the time card without your approval---unless the changes are to correct an error that you made. But I sense that the supervisor is not making changes because you have made an error.

Also know that under CA law, if you request of your employer---you must be given the opportunity to review your payroll records within 21 days of your request. So you may want to review your records for other unlawful changes which have been made.

Either way, you may file a formal complaint with the Department by using the form you can find here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Alternatively, you may go to your local Department of Labor office and make a complaint in person.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


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I wish you the best in 2013,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 5 other California Employment Law Specialists are ready to help you

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