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Empoyer forcefully marked absent in payroll(NY,USA)

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lindabrown

Junior Member
Hi Friends,
I am working as a IT contractor in( NY,USA) for a finance company via a primary vendor like TCS, Mphasis, Infy etc.
In my team (client site) wfh (work remotely from home)is very common almost everybody does wfh once a week.
We contractors don't put any attendance on client system; I mark my attendance on vendor's portal daily.
Recently I noticed that I am being marked absent for two days in November.
I asked vendor manager, did I forgot to mark my attendance, he said no since I was wfh and he didn’t like that so he overwrite my attendance as absent.
(as a vendor manager he has access to my attendance on portal).
My question is can he do this legally?
I can prove(if client supports, I doubt) that I was working because there should be some log on client system that from what time to what time I was connected from my personal laptop to office desktop.
Can I take some action against my employer if yes then how?

Also , we all contractor get paid time off whenever we work late night long hours or have to work on weekend, I haved earned like 11 PTOS like that, but it's not written anywhere.
only proof is other contractor also getting. after my above issue I complained to Vendor's HR system, it didn't help me, but manager got angry and he is saying you have no PTO(Paid time off).:(
 


justalayman

Senior Member
I think OP is an IC. It's not completely clear though.
Either way their pay method is going to make a difference if the actions by (apparently) his/her employer (vendor) cause them to not be paid for time worked. If they are paid hourly and deleting hours clocked in that means they aren't being paid what they should be. If they are paid salary it becomes more of a "meh" action.
 

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