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

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?

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Attorney answers 1


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.



Thanks for the response -- I'm not incredibly lawyer savvy, I've never used one and was reticent about pursuing this because I've never done it before. Can you offer any advice on how to find a lawyer whom I can speak to without charge, and if they think there's a case, would work contingently on an issue like this? There are tons more details about what happened including my boss pulling me into a conference room privately after the HR meeting and telling me to only listen to what they said for 1 month then go back to working how I had been previously. Also, any idea on the outcome of a case like this? No one in the building, including my boss wanted me fired, I listened outside the HR door, and heard them saying there's nothing they can do, the order comes from the company's consultant CEO (who never heard my side about the time card difference). Is there a chance of being reinstated?



And to touch on the constructive notice, my time card is supposed to be approved by my boss, and he KNEW what time I came in and there are plenty of emails to show I was doing stuff BEFORE coming in, so my time card was approved even though obviously it was known those aren't the exact times I arrived, they're just the total quantity of hours I worked.