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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16964
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Is it legal for a supervisor to alter, or ammend an employees

Resolved Question:

Is it legal for a supervisor to alter, or ammend an employee's payroll without employee's consent?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. However, I will need to know what you mean by alter or amend. In what way and what was the stated reason? Is this a union employee? Hourly?
Customer: replied 1 year ago.
As long as I've already paid, I gyess I'll continue-I'm an hourly employee,and I turned in my time sheet last week, having tallied all of my overtime hours. I worked Sat. May 4th also for 8 hrs, and when I adjusted my time sheet, i negleted to "white out" the space for Sat., which is shaded over. The hours of overtime that were tallied in didn't match the hours being tallied, because of my haste in not ammending the sheet before submitting. Instead of asking me why there was an 8 hr. discrepency, my super took it upon himself to white out, and re-calculate my overtime hours without my knowledge or approval. I was expecting this overtime in my check today, only to find out what he'd done. Is this legal for him to do without my knowledge?
Expert:  Marsha411JD replied 1 year ago.

Hello again,

Thank you for the additional information. Although I don't see where you answered my question about being in a union, I will assume that you are not in a union. If you are, please reply by clicking the reply button and informing me of that, because it could make a difference in my answer.

In any event, it is legal for a supervisor or employer to correct a timesheet to reflect that actual hours worked, or some other administrative error, without consulting an employee. However, the employer may not do so with the intent to take away hours that were actually worked by the employee. In that case, if the employee is not paid correctly, and the employer refuses to correct their error, then the employee could file a wage complaint with the State for the money they are owed, or file a small claims court suit.

But just to be clear, the employer does not have to consult the employee, but if they make an error they must fix it and pay the employee properly. If they made the change on purpose in order for the employee not to be paid properly, then the employee can file a wage complaint.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16964
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 7 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 15th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue if needed.

Thank you.

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