Can you be fired for doing time card "incorrectly" when all other hourly employees do too?

Asked about 1 year ago - Las Vegas, NV

All hourly people, including myself, put in a start/end time the same every day, even if it wasn't accurate. We just made sure it reflected total hours worked. I did copious overtime (til 2am often).

They changed it so I was supposed to be there at 9am. They had me get an ADA note from my neurologist saying I need 8 hours of sleep to manage symptoms of Restless Leg Syndrome and come in later when the RLS kept me awake.

They said they'd look into if they could accommodate flexibility. Instead I was fired because the hours on my time card didn't match the hours I came into the building. But I had email on my phone, responded to it when not in building and worked when not in building so the total hours worked out. Can they fire me when everyone else did the same, just didn't work OT?

Attorney answers (1)

  1. Bruce Kent Snyder

    Contributor Level 5

    1

    Lawyer agrees

    Answered . You actually have two issues. The first is a possible ADA case and whether they terminated your employment so that they would not have to give you a reasonable accommodation

    The second issue is a possible wage and hour law violation. It is against the law for an employer to not pay you for time worked. This is even the case when the time is not reflected on a timecard, provided that the employer had constructive notice that you had been working, such as by responding to e-mails.

    You need to see an attorney as these cases can be complex.

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