i have been suspended and i am attending a hearing next. The allegation is discrepancy between the hours claimed to have worked and actual hours worked. i deny this. The only evidence they have sent me is a copy of my time sheet with extra columns to say when they say i arrived and left.. . but no name or signature with the times, and i know there wasn't always people present when i arrived and left, also some of the times they have put are not accurate eg: she came in after 1pm. There are many mistakes in the report eg: the date 13/33/2014? Is this good enough evidence .?
Employment / Labor Attorney
"Good enough" is a relative term. Good enough for what? You do not describe the kind of hearing you are going to attend. Union grievance? Unemployment compensation hearing?
If there is one person willing to testify that the documents relied upon by the employer are accurate, that is enough for them to use the documents. Your testimony will have equal weight. Some person will have to decide who is right. There is no way to tell you what result will occur based on the facts you have provided.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
An employer can take an adverse employment action, including termination of an employee, for any reason or no reason as long as the action was not motivated by a prohibited reason such as discrimination based upon age, race, religion, gender, sexual orientation, military service, disability, etc.
As a result, the employer does not have to be "right" in deciding to terminate an employee for misconduct or prove the misconduct to the employee's satisfaction.
Your question is a bit vague inasmuch as it does not specify what sort of "hearing" you are attending. Is the employer trying to "take back" wages it paid you in the past for work it now says you never performed? Or are you trying to recover unpaid wages from your employer? Is this a court hearing, an administrative hearing, or a union hearing? All of that is very important to answer your question. In general, however, the employer will probably need to present testimony from a person who created the time sheet or who is qualified to say it was created in the ordinary course and scope of business. You can offer your own testimony concerning the accuracy of the time sheets and the person presiding over the hearing will then decide who has more credible evidence. If you can produce any third party testimony (e.g., a co-worker who worked on the dates and times the employer says you were working) stating the time sheet records are inaccurate that will obviously help you greatly. I hope this answer helps and I wish you well. Feel free to contact me if you want to discuss this further. I will provide you with a free consultation if you would like.