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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I have an employee that did not follow procedures.

Customer Question

I have an employee that did not follow procedures. Department of labor contacted us, we resolved the next day. I ask the Depart of Labor how to stop this and they said I could terminate employees for not following procedures. Not employee has retained a attorney and they have file a lawsuit in federal court saying we fired her retaliation for contacting the department of labor. we are a temp company and she one worked 150 hours in last 12 months. Employee did not clock in and clock out when she went to work. If they do not clock in and clock out they must go back to the facility and fill out a "missed Punch" form. Depart of Labor confirmed she must do this to get paid, she did and we paid her the next day. its filed in federal court. I'm in Florida
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Working off the clock is grounds for termination. She cannot protect herself from termination simply by filing a DOL complaint when she was the one who violated procedures, it is called "unclean hands" for one thing. So you would need to file to dismiss her suit under Rule 12b stating she fails to state a claim on which relief can be granted as she violated employer rules and also the Fair Labor Standards Act for working off the clock and that is the reason for her termination.
Unfortunately, as a company you have no choice but to now hire your own attorney and answer her nuisance suit and if you do get it dismissed, then you can file a motion for attorneys fees against her for filing a frivolous claim when she was the one who violated the law.