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unlawful termination?

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G

ghaggin

Guest
What is the name of your state? California

I am a Supervisor for a municipal water district. I am not at will. I get overtime. I have been employed there for 15 years, always outstanding reviews. There are allegations from one of my employees who I passed over for a promation that over a year ago I didn't stay at or come into work and put hours on my time sheet that I didn't work. I was put on admin. leave while the HR person did an investigation. Sevaral employees could not say that I wasn't there while others remember that sometimes I left early or came in late. The time period in question I was scheduled to work 57 days in a row. Sometimes I did come in late and leave early but it was because I often would come in during the middle of the night to solve a problem or I was called at home during the night. I always felt on a monthly basis my time put in always evened out to my exact hours I put down on my timesheet. Do they have a case for termination? Is there any law regarding the amount of days in a row an individual can be worked legally? The time period they are questioning is from over a year ago and now I have learned they have a statement from someone included in the recommendation for termination that goes back two years.
 


Beth3

Senior Member
If your time card did not reflect your actual hours worked, then that potentially is a big problem.

I presume your employer has a policy which dictates that employees must record their actual and correct work times - it likely does not say "it's okay to write 8am - 5pm on your time card if you come in at off times and then arrive late or leave early as a result." Employers typically react to falsification or misrepresentation of working time on time cards very strongly. The fact that this happened a year or two ago is irrelevant.

There is no federal law which limits how many hours or consecutive days an individual can work. You'll have to call CA's Labor Board to determine if CA has a State level regulation which limits this.

If they terminate you over this, there is nothing in your post that remotely suggests it would be a wrongful (illegal) termination. As you say you are not an "at will" employee, I presume you mean you are in a bargaining unit with a CBA, so the decision may be appealable/grievable depending on the terms of the contract.
 

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