Employee Issues

[ThePlan]

What is the name of your state (only U.S. law)? Tennessee

Alright guys/girls, I am having a few issues with a former employee. Before I say anything else, what a useful/helpful forum !

(1) Anywho, a former employee decided to walk out on us, he demanded timesheets after he quit. The first question is, do I legally have to provide him with these timesheets? I have read multiple answers in a few different forums and they said no, but I wanted to get a answer specifically pertaining to my state.

(2)Secondly, he claims 4 weeks unpaid, which is outrageous and definitely false. He claims to contact the BBB and Labor department. The issue I am having is he was told to clock in and out for lunches. He claims some days he did not take a lunch,and worked straight through his lunch.. Who is in the wrong here? His final paycheck was 2 weeks ago, but still claiming 4 weeks unpaid. If I print his timesheets and find that he did not clock in and out for lunches do I need to pay?

(3) Lastly, is there any way I can make a employee sign a policy stating that if they do not take lunches it is not our responsibility and they will still get lunch hours deducted? If that is not legal, do I just write them up each time they do not take a lunch? The current employees do take lunches and clock out but for future safety of the company, thanks!

I

 

[justalayman]

(1) Anywho, a former employee decided to walk out on us, he demanded timesheets after he quit. The first question is, do I legally have to provide him with these timesheets? I have read multiple answers in a few different forums and they said no, but I wanted to get a answer specifically pertaining to my state.

I'm not sure but there are a few here that will know the answer to this question

(2)Secondly, he claims 4 weeks unpaid, which is outrageous and definitely false. He claims to contact the BBB and Labor department. The issue I am having is he was told to clock in and out for lunches. He claims some days he did not take a lunch,and worked straight through his lunch.. Who is in the wrong here? His final paycheck was 2 weeks ago, but still claiming 4 weeks unpaid. If I print his timesheets and find that he did not clock in and out for lunches do I need to pay?

if he did not take lunches, you must pay him for that time. You could have doled out punitive acts, including firing him if you have required him to punch out for lunch.

where do the 4 weeks not paid and the lunches meet each other? Do they have anything to do with each other?

if you have paid him for all weeks worked, then you paid him. An investigation by the labor cabinet would come to that same conclusion if you have proof.

(3) Lastly, is there any way I can make a employee sign a policy stating that if they do not take lunches it is not our responsibility and they will still get lunch hours deducted? If that is not legal, do I just write them up each time they do not take a lunch? The current employees do take lunches and clock out but for future safety of the company, thanks!

If they do not take a lunch, you must pay them for the time. If they refuse to comply with company policy, you can punish them or even terminate them for the insubordination.

but from nolo.com

Tennessee law requires employers to provide a meal break, but no rest breaks. In Tennessee, employers must provide a 30-minute break to employees who are scheduled to work at least six consecutive hours. This break may be unpaid.
Employers who have at least five employees are covered by this law. However, employers don’t have to provide a meal break if the employee’s work allows ample time for breaks throughout the workday.
Employees who work in food or beverage service (such as wait staff and bartenders) and receive tips may waive their right to a meal break.

so, you need to check to see if an employee is required to be given a lunch period. If they are and they do not take it, you really need to start punitive actions for those that do not comply with company rules and the law. You could be the one with the issues with the state if you do not require the employees to take lunches if required by law. Valid attempts to enforce the rules and law may be your only defense to charges from the state that you did not require your employees to take a lunch break.

 

[cbg]

You are not required to give him a copies of his timesheets under Federal law, and I have been unable to come up with a Tennessee law that requires it. You should probably confirm with the state DOL, but I don't see anything that says you must.

That being said, it is clear that he is considering filing a wage claim. Unless there is a really good reason why you don't want him to have them, you might consider providing them anyway. If he got paid properly and the timesheets show it, you might be able to stop the claim before it starts - I've seen it happen before. Sometimes your best defense is to give them what they want even when you're not required to. Anyway, it's something to think about. Because you needn't doesn't always mean you shouldn't.

If he did work through his lunch, then yes, he needs to be paid. Under Federal law he MUST be paid for all the time that he worked, and if that extra time puts him into an overtime situation then he needs to be paid overtime as well. As JAL says, you could have disciplined him for working unauthorized time but he has to be paid for it regardless.

Because the law requires that they be paid for all the time that they work, you cannot ask the employees to sign something as you have described it. But you can send out a statement such as, "Effective immediately, (date) no employee may work through their lunch period without the express written permission of their supervisor. Violators are subject to disciplinary action" and require that all employees sign that. And you most definitely may write them up or even term them if they continue to do so.

 

[commentator]

Agree, nothing in TN that requires you give the timesheets to him. And since TN has no real Wage and Hour unit, just a sort of make do section of the TDOL that is supposed to administer labor laws, I wouldn't be worried about any sort of major deal, but you might have to pay this person something extra. He gotcha, really. It is never a good idea for an employee to volunteer their time, and certainly not with your knowledge.

And do as cgb suggests, add to your handbook if you have one, and even if you don't, do a signing by all employees, of a notice that "unauthorized overtime" is NOT to be done. And that an employee who does not comply with this, who takes no assigned break, works through the breaks, lunches, or after hours is subject to disciplinary action, up to and including termination. Have all them sign it.

You cannot sign away your right to EEOC law, to unemployment, or to be paid for all the hours you work, but you can be precluded from working extra time without the permission of the supervisor. Wage and Hour speakers frequently warn employers about this, particularly in a "clock in" situation. Do not let your employees be overzealous and linger after they are off the clock or say they are so conscientious they work through lunch to get the work done or handle the customers. It may come back to bite you later.