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11-14-2008, 02:35 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | | Time Clocks
What is the name of your state (only U.S. law)? VA
My employer has just started having us clock in and out. We have one person who is responsible for taking care of the timeclock, i.e, making sure that people clock in and out, inserting time changes, etc.
The problem I am having is that if I fail to clock out, she clocks out for me, without my permission and then asks for me to email her saying that I requested the insert. Is this legal? Can she alter my timeclock without my permission, THEN ask for it?
If I am correct and this is not a legal practice, where can I go to print out something to show her, and my boss, so that the practice does not continue?
Thanks, in advance, for your help!!!What is the name of your state (only U.S. law)? |
11-14-2008, 02:49 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | There is nothing illegal, per se, about an employer clocking out for you if you fail to do it yourself. She does not need your permission.
The only way it would be an issue would be if it resulted in your not being paid for all time worked.
Of course, the simplest solution would be for you to do it yourself, as you are supposed to. |
11-14-2008, 03:39 PM
| | Senior Member | | Join Date: Mar 2005
Posts: 1,410
| | | Your employer isn't legally required to employ someone to clock you out when you neglect to do so. Your employer could simply fire you for not clocking yourself out. And this would be legal. |
11-14-2008, 03:42 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | | And, just to be clear. There is nothing preventing you from being terminated due to your failure to follow the time clock procedures.
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11-14-2008, 04:23 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | You are really funny, I appreciate sarcasm  .
This procedure is new, so we're getting used to it and No I am not getting paid if I do work past my time. That is the problem. If I'm at work at 3:10 finishing up, all of a sudden I am clocked out for 3:05 and that's that. There isn't a problem with that?
I guess the best thing for all of us to do is drop everything as soon as it's time and go! |
11-14-2008, 04:30 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | Quote:
Originally Posted by Maspina2  You are really funny, I appreciate sarcasm . | There have been MANY sarcastic replies in this forum...this was not one of them. Quote: |
This procedure is new, so we're getting used to it and No I am not getting paid if I do work past my time. That is the problem. If I'm at work at 3:10 finishing up, all of a sudden I am clocked out for 3:05 and that's that. There isn't a problem with that?
| So, when you clocked out, didn't anyone question the two times? Quote: |
I guess the best thing for all of us to do is drop everything as soon as it's time and go!
| OR (GASP!) clock out.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
11-14-2008, 04:52 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | | If I'm still finishing something that needs to be done, why should I clock out? Doesn't it make sense that if you're still working, you would stay clocked in?
I can't believe that it is okay for someone to mess with the time clock. What would prevent an employer from changing your clock when you've worked overtime?
Also, what would be the purpose of them asking for permission and telling me to send them a letter giving permission, if it's within their rights to clock me out? |
11-14-2008, 04:53 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | | Oh, and to answer your question...once they have clocked you out, the program will not allow you to clock out again. |
11-14-2008, 04:57 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | | So, your complaint is that you are not being paid for time actually worked.
Contact your state's DOL.
__________________
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
11-14-2008, 05:15 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,366
| | | do you have permission to work past your scheduled time?
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