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Is it illegal for an employer to totally delete hours you've already worked, but have not been paid for from your time records?

Desert Hot Springs, CA |

The end of Nov. 2013, a GM from another restaurant was sent to temp., run ours. Approx., a month and a half ago she started talking, no telling me things in a mean tone, telling me your off, and giving me only 10 mins. to finish serving my customers, and complete my sideworkshe times me, if not done she comes out every 2 min,to harrass me . On 2/1/13, I was feeling dizzy/wobbly, I told her I needed to leave and she Yelled "Just Leave!" I went to the ER , the next day and was diagnoised with Verdago, I gave her a copy. I returned work the next day. Things were okay until 2/8/13, I saw the new sch-edule, I still worked 4 days wk., but she cut me down to 3 hrs. a day!. The next day I was reviewing my time rec. and saw my hrs. for 2/1/13, had been deleted and 2/3/13 hrs. were altered

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Attorney answers 1


Your employer's actions are illegal. An employer may not falsify or change time cards to remove hours worked so they do not have to pay you.

If the amount in question is worth your while to pursue, you should consult with an employment law attorney who handles wage and hour cases in your area, for advice on how to handle this situation.

Alternatively, you can file a complaint with the California Labor Commissioner. File the claim either by mail or in person with the Division of Labor Standards Enforcement (DLSE) office that handles wage claims for the city/location/community where the work was performed.


Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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