What are my rights if my boss changed my timecard?
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What are my rights if my boss changed my timecard?
I was working a shift from 4 am – 2 pm at McDonald’s as a manager. I asked for a break at 11 am but my first assistant denied me because I didn’t do my job right, so I worked through the shift. The next day I printed my time card and saw he took 30 minutes of my work time at 11 am without telling me. I have proof – the original timeclock slip and a copy of the altered timecard. What should I do?
Asked on April 24, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Legally, an employer may not change an employee's timecard. Also an employee must be paid for all hours worked--if the employee does a bad job, the employer may fire him later, but still must pay for the work. If you bring a claim or complaint for the discrepancy or unpaid wages, your employer may not retaliate against you for it. So legally, you have recourse: you may complain to your employer, then, if necessary, either complain to the state or federal department of labor or even sue. As a practical matter, whether it's worthwhile taking action for 1/2 hour of wages, or whether it may be better to make sure you keep the evidence, then see if this happens again, increasing your potential cause of damages, is something you must decide for yourself. Good luck.
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