I am a garage door tech so I have a sporadic schedule I am scheduled to be on the clock for ten hours a day fixing garage doors and calling customers passing out cards for future work ect I just found out on my own that they are tampering with my time card deducting hours without my knowledge or permission what can I do about this situation?
You do not mention how you "found out out on your own," but I am assuming that you have viewed altered timesheets with the knowledge that it deviates from what you recently entered. (It is a physical time clock that you punch into/out of? or a computer entry? Paper? This would be helpful to know.) You can: 1) start to document your timecards with your cell phone immediately after punching in and out; 2) bring the issue to the HR department (no accusations, just questions); 3) find out what reasoning is behind any changes that were made by supervisors or others; 4) document your conversations in writing (for example, send a follow up e-mail after any meetings about the issue). 5) attempt to get resolution at the company level; 6) if you cannot get resolution at the company level, hire an attorney or contact Dept of Labor & Industries regarding a wage theft claim with the evidence you have. Employers are required to keep employee time records for a period of years, so if this has been going on for awhile, you should ultimately be able to get records of that. Unfortunately, few people keep their own time records of hours worked so it can be difficult to try and reconstruct later.
This does not constitute legal advice. You should consult an attorney who can assess the facts of your case and discuss your legal rights and obligations.
The Department of Labor and Industries can investigate your claim, or you can hire an attorney to look into it.
It will help to have evidence that the time cards you submitted do not match your paychecks.
First, do you keep a copy or log of the timecards or sheets submitted? If not, you should. Second contact the Washington State Dept of Labor & Industries http://www.lni.gov and file a formal complaint. Chances that you are not the only employee who is experiencing tampered timecards. On the other hand if you are the only one targeted, see if it is related to one of the protected classes, race, sex, disability, veteran status, age, etc.
Determine who (owner, supervisor, etc.) is the person altering the time cards. Calculate the amount of monies lost and approach the company to see if they will correct the error. If the company treats you differently because of your complaints and or filing with LNI, file a retaliation complaint.
This answer is predicated on the facts provided in which the lawyer cannot confirm or verify. I do not represent you as we do not have an attorney-client relationship until a fee agreement is signed by you and me. I am licensed in Washington State and California. Beverly Grant Law Firm, P.S.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline