over paid lunches

What is the name of your state?georgia, my fiance lost his job after 18 years for alledgedly"willfull misconduct". he was paid hrly w/flexuating start/stop times, worked 9-11 hrs/day or as needed. at times would even work thru his 30 min lunch w/written approval. this is were they state he stole co time.the time keeper would give him 30 mins as directed by authority, but the system did not have auto deduct on "him" so therefore was extra hrs entered by her.the system worked on hundreds of mins and the paychecks were 2 wks behind. since the employees never saw a tot hr rpt on a weekly basis they couldnt verify if they were being paid correctly, ie vaca time holiday, personal paid, etc. w/such flexible hrs he didnt determine extra hour, hour and half at times. yet these accusations being shared w/future employers on reference check he cant obtain new employment. i see at is defamation of character/slander. how can this be willfull?

peachescl said:

What is the name of your state?georgia, my fiance lost his job after 18 years for alledgedly"willfull misconduct". he was paid hrly w/flexuating start/stop times, worked 9-11 hrs/day or as needed. at times would even work thru his 30 min lunch w/written approval. this is were they state he stole co time.the time keeper would give him 30 mins as directed by authority, but the system did not have auto deduct on "him" so therefore was extra hrs entered by her.the system worked on hundreds of mins and the paychecks were 2 wks behind. since the employees never saw a tot hr rpt on a weekly basis they couldnt verify if they were being paid correctly, ie vaca time holiday, personal paid, etc. w/such flexible hrs he didnt determine extra hour, hour and half at times. yet these accusations being shared w/future employers on reference check he cant obtain new employment. i see at is defamation of character/slander. how can this be willfull?

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**A: what are you posting in semi shorthand?

overpaid lunches

homeguru, im sorry should i retype and make more clearly? this is unfamiliar territory for me.

I'm confused too. Capitals at the beginning of sentences and clarity would be appreciated. This is a big block of text to wade through this way.

Having said that, are you saying that the employer deducted 30 minutes for an unpaid meal period when, in fact, your fiance worked during that period, therefore not being paid for that time?

Plus, if he is not clear on whether he is being paid properly, he can always keep his own records. Does his employer use time clocks? Automated time system? Time sheets?

overpaid lunches

My fiance would submit approved documentation that he did not take a 30 minute lunch to make sure he wasn't deducted the 30 minutes. Well the timekeeper assuming his job code had an auto deduction for 30 minutes per day for lunch (as most departments were set up), would inadvertantly give him 30 minutes back, which consequently turned out to be an overpayment.The procedure was to verify via management that working through the lunch was permitted. He took the appropriate steps. The time keeper doing the data entry misinterpted the setup of the software. No, there were not timesheets for employees review. The employees would swip a badge into the clock, the hours would be calculated in hundreds of minutes and there was a 48 hours delay in computing the total hours earned. With his starting and ending time flexuating daily an hour or so here and there did not jump out to him when he would receive a paycheck, especially the pay period ending was 2 weeks later. Now there refer to him as a willfull thief, and he didn't even have a clue.

So you're saying that he was paid for time he did not work and did not notice?

And what legal question are you asking?

overpaid lunches

My legal question is: This misunderstanding was not "Willfull" yet applying for new employment, his ex boss is constantly stating and referring to him as untrustworthly, thief, and other slandering statements. Our these comments defamation of character, and or slander? The company has shown no proof of his alledge actions, and he has been approved by the state to receive unemployment benefits. Since my fiance worked for this company 18 years, and receiving bad references has prevented him from seeking new employment. His name and now bad reputation (that the company has created) is resulting in future prospects closing their doors, so to speak, in his face.

Our these comments defamation of character, and or slander? Neither. It's his employer's opinion he falsified his timecard and received payment for time he did not work. While it may have all been an honest error, his employer is entitled to his opinion.

Since your fiance is aware of how his ex-employer has interpreted his actions, he would be well advised to inform prepare prospective employers for what they're going to hear and explain the circumstances.