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Employer changing time records

  • Thread starter Thread starter scizone
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scizone

Guest
What is the name of your state? OHIO

I work for a convience store. I'm a hourly employee. Been there for 7 years. For the past year and half my employer has been shaving off between 1/2 to 2 hours off every week. I always work more than 40 hours a week. So they are avoiding overtime pay. Since Jan 2003 I have saved every time in / out receipt from the computer that shows the stores name, my name, social security #, date the time I clock in and out. and shows the time I worked which is attached to my weekly check stub. My manager accidently left the time sheets on the desk one week and it showed my original hours worked and the words "Changed" next to it. The original hour I clocked out was 10:30PM. (It shows this on my time/out receipt that I save everyday). It got changed to 10:00PM to knock off 30 minutes of pay off my paycheck and few more changes were made for a couple days that I worked for a total of 1 hour pay knocked off. Well I made a copy of this so I have proof they are shaving time off. This company has stolen $1400 of pay from me so far. I want to get the $$$ I worked for. I once confronted the manager about it, but said he will reduce me to 32 hours if I complained anymore. I'm scared of getting fired. I love my job and make above average pay for the job and other jobs are hard to find in my area. Could my employer (it's a BIG employer that has alot of stores in the USA) get in huge trouble? What should I do? Should I turn them in?
 


C

CMA1

Guest
They are a big corporation. Your boss is a little fish. If the company knew that your boss was shaving your time and threatening you, he would lose his job. The big company would rather pay you the money than go to court over $1400.00. As soon as they were served with papers, you would get a check in the mail and your boss would be gone. Many managers for retail chains often shave off hours like he has and the company never knows. Why do you think he threatened you? He is breaking the law and the company doesn't need petty crimes like that against them. If the company sees that you are consistently making overtime pay, he will have to hire another employee. What he is actually doing is making the company think that he is making a larger profit. There is obviously more work going on if you are having to work this over time. He is making more money off merchandise, but only a certain percentage of the profit is going to employee pay, so it looks to the company like he is a great manager making money for them. They will reimburse him for his "good job" by giving him a larger bonus at the end of the year. Hiring another employee would mean paying for more insurance, uniforms, breaks (meals?), maintainence, liability, etc, meaning a smaller bonus for him. He is saving the big company from seeing that. First, write a letter to your company holders, (every board memeber, in case some don't get their mail) telling them what is going on. Tell them that you have proof. Send it certified mail, so you know that they got it. Keep copies of everything you have proof of and a copy of the letter. They will either send in a spy, or make a surprise inspection on him. Make sure that you emphasize his threat. Don't minimize it. Call your state labor board and notify them that you have this problem. Tell them that you are giving your comany time to rectify the situation, but you want it noted that you are making this complaint, in case your job mysteriously ends. Keep your nose squeeky clean at work. Give them no reason to have complaints against you. If nothing is done in 15 days by the uppers, go back to the labor board and file a complaint against the company itself, not just the store that you work in. If you get fired, immediately contact the state labor board and file a wrongful discharge suit.
 
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CMA1

Guest
Check with other employees to see if this is happening to them as well. With more than one of you making the same complaint (all with proof of course) the uppers will definitely make sure it never happens again. ;)
 

divgradcurl

Senior Member
First, write a letter to your company holders, (every board memeber, in case some don't get their mail) telling them what is going on. Tell them that you have proof. Send it certified mail, so you know that they got it. Keep copies of everything you have proof of and a copy of the letter. They will either send in a spy, or make a surprise inspection on him. Make sure that you emphasize his threat. Don't minimize it. Call your state labor board and notify them that you have this problem. Tell them that you are giving your comany time to rectify the situation, but you want it noted that you are making this complaint, in case your job mysteriously ends. Keep your nose squeeky clean at work. Give them no reason to have complaints against you. If nothing is done in 15 days by the uppers, go back to the labor board and file a complaint against the company itself, not just the store that you work in. If you get fired, immediately contact the state labor board and file a wrongful discharge suit.

Why would anyone go through all of this trouble? Geez, just go down to your local state labor office, file a complaint, and let them handle the investigation.
 
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scizone

Guest
divgradcurl said:
Why would anyone go through all of this trouble? Geez, just go down to your local state labor office, file a complaint, and let them handle the investigation.

I found more time records showing that all employees time are being shaved off. (It's small, between 10 and 20 minutes compared to me getting between 30 minutes to 1 hour a week). It's funny no one complains about it. I know for a fact that the manager is being forced to shave time off, because my OLD Manager got fired 5 months ago, and when my NEW manager started, my pay was exactly correct for the next 3 1/2 months. Then 6 weeks ago the shaving of my time happens again! The very 1st week this occured my new manager left the time records on the desk, showing my time and other employees time being changed. The Manager who got fired told me that he had to follow district Managers orders, or he would get written up. So I know it has to be the District Managers orders, Why would my pay be exactly right for 3 1/2 months in a row when a NEW manager starts, because the new manager gets LEWAY the 1st couple of months they start working, then the district manager starts in on them. I know if I turn them in my job will end. Example: IN 2001 My W2 form was incorrect (my gross wages were $500 over) this caused my tax refund to be $50 less. So I called corp office and they told me that the W2 was correct and they can do nothing about it. I told them I have every pay check stub for the entire year and it is wrong. Again they said there is nothing they can do. I told the lady fine the IRS will do something about it. and told her to have a nice day and that was it. The next day corp office called my manager and recommened me to be fired. My manager of course laugh it off and did not fire me. Just told me not to call corp office again. I did get the IRS to fix it , showing my pay stubs. It took 4 months to get $50. I also think I'm being discrimated agaisn't too. When the new manager started they wanted a assistant manager (7 years I been there we never had a assistant manager) they picked the employee who only been there 8 months gave him a dollar raise (he showed me his paycheck) They did this on my day off. So I got no say in it. Well to this day, The assistant manager is doing the same job I'm doing. He never has to go to the bank. do the paperwork or order groceries, All the paperwork piles up all weekend and the manager comes in Sunday night at 10:15 PM to do it. I asked the assistant why he doesn;t do the paperwork and the $$$, he said they only showed him once and he still doensn't know how to it. He says this job is easy money.
 

Beth3

Senior Member
Okay, so either complain to more senior company management and see if they fix it (chances are they will) or contact your State's Department of Labor and file a complaint.
 

divgradcurl

Senior Member
Let me reiterate:

Geez, just go down to your local state labor office, file a complaint, and let them handle the investigation.

None of the rest of what you wrote really matters. You can either complain about it, or do something about it. You can do what CMA1 suggests, which will probably get you fired, and then maybe, if you are lucky, you could prevail in a case for wrongful termination later on.

Of, you can do what I suggest, and go through your state labor board. If you get fired for going to the labor board, you have a slam-dunk case for retaliatory firing, therefore the company is unlikely to terminate you. And if they do, you can nail 'em.

Or, you can continue to do nothing but complain, let them run over your rights and rip you off, but at least you can keep your job -- unless they decide to fire you or lay you off in the future.

So, what are you going to do?
 
S

scizone

Guest
divgradcurl said:
Let me reiterate:



None of the rest of what you wrote really matters. You can either complain about it, or do something about it. You can do what CMA1 suggests, which will probably get you fired, and then maybe, if you are lucky, you could prevail in a case for wrongful termination later on.

Of, you can do what I suggest, and go through your state labor board. If you get fired for going to the labor board, you have a slam-dunk case for retaliatory firing, therefore the company is unlikely to terminate you. And if they do, you can nail 'em.

Or, you can continue to do nothing but complain, let them run over your rights and rip you off, but at least you can keep your job -- unless they decide to fire you or lay you off in the future.

So, what are you going to do?

I guess I'm going to contact the state labor board. I know, I have 1 1/2 years left on the statue of limitations. I have 3 years, because I have proof of willfull content. I really don't want the manager to get fired, and I know it's the district manager who's should be fired. I will let you know what happens, I bet I will be fired in 6 months. The store is Dairy Mart (got bought out My Mac's Convience Stores (Also runs stores under the name Bigfoot, Circle K, Dairy Mart, Handy Andy, Clark, and some Shell and BP Stations.)
 

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