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If an employee altered the time card, what should the

Customer Question
If an employee altered...

If an employee altered the time card, what should the employer can do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

FL

Lawyer's Assistant: Has anything been filed or reported?

Nothing yet we just keep tracking on some employees

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No We just curious if we don’t pay them because they’re altering the time. Is there anything they can sue us or what can happen? We just looking for the way out or what should we do to solve this thing

Submitted: 7 months ago.Category: Legal
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Answered in 4 minutes by:
12/31/2017
Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,242
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Lawyer: Loren, Attorney replied 7 months ago

Can you prove they falsified the time sheet?

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Customer reply replied 7 months ago
Not right now but we’ve been told by other employees that this incident been happening for quite a while. We leave a swipe card right next to the POS system. Some employee show up late for work, clock in & later on fixed the time by themselves
Lawyer: Loren, Attorney replied 7 months ago

FLSA requires you pay them for all their time.

If you do not because you believe the time record was falsified, then the employee may file a lawsuit under the FLSA for two times their alleged back wages plus their attorney’s fees and costs of court. If the employer counterclaims for wage theft, fraud, and abusive litigation, the employee will likely claim that this constitutes illegal “retaliation” for their exercise of legitimate legal rights under the FLSA. The legitimacy of the retaliation claim depends entirely upon the legitimacy of the wage theft and fraud counterclaims.

If the Court believes the counterclaims are frivolous, i.e., they seek to punish the employee for exercising legal rights rather than to settle the amount of wages the employee is actually owed, then the retaliation claim will stand.

If the employer can prove that the employee was intentionally padding their timesheets, the fraud counterclaim will stand and the retaliation claim will not be viable.

So, it is essential you have proof of the fraud by the employee.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Lawyer: Loren, Attorney replied 7 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Lawyer: Loren, Attorney replied 7 months ago

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