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Terminated for Using Software that Supervisor Provided?

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mrbob13

Junior Member
What is the name of your state (only U.S. law)? Delaware

On Thursday, November 2, 2017, I was called to a meeting with an HR Business Partner and my Area Manager/Supervisor. I was asked to explain my use of an onscreen, time analysis page that has (to the best of my knowledge) always been available to me at my permissions level. I explained that my AM/Supervisor had reviewed this page with me while discussing Time Off Task on the afternoon of Friday, October 6, 2017. She explained how each color indicated a different status. Further, she demonstrated how changes could be made with a mouse click. Beginning on Monday, October 9, 2017, I utilized this time analysis page to mark anytime that I was not at my workstation and why. I was able to maintain a fully-accurate record of all of my time and, in turn, the AM/Supervisor would be able to see these markings whenever she chose to review my time.

They asked who had given me permission to do this. I stated that nobody had given me permission; why did I need permission to keep a record of my own time? They informed me that I had actually been using a “Labor Track” system and had been self-labor tracking; something that others before me had done to cover up for errors and were, subsequently, terminated. I stated that I was fully unaware of this being the Labor Track system and that I was modifying actual documentation. I wondered why I would even have access to such a thing? They had me write a statement because this would need to be “investigated”. In short, I said what I said above at #1-3.

The next afternoon, the same two people called me down again and I was terminated because I had "falsified personnel or other company documents". I asked a couple of questions:
Why didn’t anyone tell me I was doing something improper for those 25 days? “We only noticed it yesterday (11/2).”
Why do I have access to this? “In case you need to make changes to your entries.” But, I’m not allowed to do that. “It is what it is.”
(The HR BP asked…) “What did you think Labor Track was then?” I scan my badge with a supervisor and that tells the Time Management software [the kind that I punch in and punch out of] that I am OK. Nothing like this. So, it doesn’t matter at all that I’m an honest person and I told you why I was using that page? The minute I wrote that statement, I was done? “Well, we had to investigate.” What? Why? “Bob? Look. Your AM/Supervisor came to you with a Time Off Task concern. The next day you started self-labor tracking to cover-up for yourself. There’s no other way to look at it. It is what it is, Bob.”

My question here is, generally, is there nothing to be said for the fact that I was shown how to use this system but not told I shouldn't use it? Did this person hand me a rope and let me hang myself with it?
 


cbg

I'm a Northern Girl
If your question is, do you have a wrongful termination claim here, the answer is no, not based on the information you have provided.

It may or may not be fair. The law does not care about fair. The law cares about legal. Based on your description, this was legal.
 

mrbob13

Junior Member
That's what I thought...

If your question is, do you have a wrongful termination claim here, the answer is no, not based on the information you have provided.

It may or may not be fair. The law does not care about fair. The law cares about legal. Based on your description, this was legal.
Sadly, I was fairly certain I knew this already. It just makes so little sense to me - so I needed to put it up and let another set of eyes in on it.

Thanks.
 

commentator

Senior Member
Do you by any chance work for city, state or federal government? If so, there might be an appeals process within the system. However, if this is non unionized private industry, you have very little recourse except to file for unemployment insurance while seeking another job. In that venue, yes, all the things you mention, not knowing that this time system was not supposed to be used by you, having used it for twenty five days, in which you say you did not falsify your time or claim hours you had not worked, not receiving any prior warnings, being authorized to use the system by your supervisor, these things would all be considered.

Of course, then the employer, when asked the reason for your termination might submit that you "used a time system you were not authorized to use to give yourself time worked falsely" or some such thing. You would tell your side of the story of the reason for your termination to the unemployment system, and the employer would be contacted to tell their reason for terminating you, according to them. They will be asked for any proofs, any way to verify their side of the story that you were terminated for misconduct, that they had a good reason to terminate you. This is where you can hash and rehash the details of and reasons for your termination.

To receive unemployment benefits you must be out of work through no fault of your own. If the employer can show that they had a valid, misconduct reason to terminate you, where you could control your actions and you knew that your behavior was not right, and you were by your own choice doing it anyway, that's going to mean you would not likely to be approved to receive unemployment benefits. If they have fired you under the circumstances you explain here, it sounds as though you may have a pretty fair likelihood of being approved for benefits. But it all depends on both sides of the story.

In other words, if there is a handbook that tells you that you are not authorized to use this time system unless you are a supervisor, and you have signed off on that handbook, that could weaken your case. If your supervisor testifies or signs an affidavit that he did NOT authorize you to report your time in the manner you did, that's going to be questioned about. The agency always goes with the more believable of the two parties if your story and the story given by the employer do not match up. Neither party's testimony has more weight.

If you receive unemployment benefits, it costs the employer money. They naturally do not like to pay it out if they have terminated an employee. However, you should certainly file for it and get it if you can qualify and be approved. It is not a welfare program, you do not personally pay it in like social security, it is an insurance program paid into by the employers for pay out if they put an employee out of work through no fault of the employee. If you qualify and are approved for unemployment insurance, the money should be yours. File a claim while you are looking for another job.
 

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