I have been in my position for 8 years and oddly enough, i'm the only one that truly knows my job, despite training others.

I have been in my position for 8 years and oddly enough, i'm the only one that truly knows my job, despite training others. My current supervisor have been here for 4 years and still don't know her job, let alone mine. My current issue is she went and manually changed my time to reflect a 5 minute difference as she felt I skimmed 5 minutes because as I was walking to the door she was still talking to me. Since I called her out and informed her that, that is illegal, she has gone on a witch hunt pulling all these reports of my punch in and punch out time saying that I have been traveling to NY and PA during hours that I was working, which is completely untrue. I have been able to pull information that counters what she and HR is saying, but they say they are sticking to what the report says. I even got proof from my internet company but they say they are standing by their report and keeping the written warning. How do I defend myself when it's not only my supervisor but HR too? Need advise and an employment lawyer, any recommendations?

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16 Comments

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  1. Anonymous

    Well this is no fun that’s for sure. I imagine you have formally responded to their accusations with the proof refuting their complaint. If what you say is true you can lodge a formal complaint with the labor board and they will be compelled to investigate. Find a reputable employment lawyer and see if they can do anything. The problem is your issue isn’t really lucrative enough for a law firm. It’s worth a try and they might give you some good advice. In the meantime, find yourself a new job. Unless these folks leave you aren’t going to be happy there. Good luck!

  2. Anonymous

    If you have a hotline, call it and formalize the complaint. In my experience the company will take things much more seriously. Good luck, this is a terrible situation and anyone who is willing to go to lengths like that over 5 minutes is definitely not your advocate.

  3. Anonymous

    This is beyond petty from your Supervisor. I don’t see this as a good situation for you. Try to transfer away from her, speak to her Boss or look for other jobs.

  4. Anonymous

    File a wage claim with your state. BE sure to have all your documentation in tow and know that they may try to retaliate if you do. IMHO if they are that nit picky you should also consider speaking to an attorney but IMHO the cost to do so may outweigh the benefits. BCC everything to your personal mail and or take photos with long headers of the emails to your cell phone. Let the company attorneys know that you are considering a claim and that you prefer this not happen and that going forward you are not in a hostile workplace. Good luck. this is a sticky situation.

  5. Anonymous

    File a wage claim with your state. BE sure to have all your documentation in tow and know that they may try to retaliate if you do. IMHO if they are that nit picky you should also consider speaking to an attorney but IMHO the cost to do so may outweigh the benefits. BCC everything to your personal mail and or take photos with long headers of the emails to your cell phone. Let the company attorneys know that you are considering a claim and that you prefer this not happen and that going forward you are not in a hostile workplace. Good luck. this is a sticky situation.

  6. Anonymous

    There isn't much you can do. Your boss and HR want you out. If the have the authority to make that happen they will. If you can take this higher up I would. It's about the only way to keep your job. Because they feel their evidence is undeniable.

  7. Anonymous

    Hi I feel everything you are going through, because it happened to me, however its going to be hard no one is on the side of the free thinking employee who is trying to do the right thing. HR and management just not on our side. Your boss want you gone and its just sad you trained everyone and this is the thanks you get.

  8. Anonymous

    I had a supervisor that would go in and manually change employees time. He did not feel he had to pay us for mandatory lunch meetings or overtime. I kept very detailed records of my time. I approached him when I noticed my checks were being shorted and my time was being changed. He got all cocky and said that as one of the owners he "could do whatever he wanted" and I needed to remember that I "worked for him". I turned everything over to the State Labor Board and when he got an attitude with him they decided to check ALL employees. The company ended up having to pay out almost $4000 for ONE pay period for changing timecards and shorting employees pay. They were also put on warning that any retaliation would warrant them bringing in their in-house counsel and they would personally sue on behalf of any employee that was retaliated against.

    Definitely contact your state's Labor department with the proof you have and let them handle it. They don't play around and will handle everything on your behalf.

  9. Focused931221

    I'm really sorry you're going through this. You're dealing with a combination of retaliation, potential timecard fraud and possibly defamation - all of which have serious legal and professional consequences if they aren't addressed properly.

    You've done the right thing by standing up for yourself. But HR is not your advocate - their job is to protect the company, not fairness. If they are ignoring evidence and protecting your supervisor, this is no longer just a misunderstanding - it's a serious liability issue and you need to protect yourself.

    Now, if its just the 5 minutes we are talking about, it might not be worth it to go through all the steps I'm about to share. But if its recurring or if you think there is a deeper issue, then I would do the following:

    Steps I would take:

    1. Document Everything! I tell everyone to keep meticulous records: emails, screenshots, timecard reports, your counter evidence (internet logs), any communication with HR or your supervisor and a timeline of events - when she changed your time, your response, the retaliation, etc. (Note: keep copies outside of your work computer/email - use personal device/cloud storage)
    2. Request HR Review in writing. Politely but formally request HR to provide the specific evidence against you. Review their internal policy on time changes and travel allegation and their reason for dismissing your evidence. This will create a written trail of your efforts to resolve things internally - essential if it escalates legally).
    3. File a complaint (if retaliation is clear). You are protected under state and federal whistleblower or retaliation laws IF you reported misconduct and punished as a result. You can file a complaint with your state's labor board, US Department of Labor - Wage & Hour Division and the EEOC.

    Once you move in this direction, you may need to start looking for a job elsewhere because your supervisor and company may not play nice and/or make it increasingly difficult for you to stay.

    Good luck and I hope these tips are helpful or shed some light on steps you can take.

  10. Anonymous

    I think that’s your signal to start strategizing your exit. HR is not your friend and you were not wrongfully terminated, you were given a warning. When people do not value you, it’s time to go.

  11. Anonymous

    WOW! Supportive or empathetic much? Heartily DISAGREE with this reply to someone asking for assistance, not condemnation.

  12. Janet Parkhurst

    Thanks, Anonymous,

    Thankful someone else recognizes the "blame the victim" motivation behind this unproductive, completely unhelpful post.

  13. Anonymous

    Found the boss ?

  14. Liz Milne

    If you've been training others for eight years and yet none can perform the job properly, it does make me wonder how effective your training strategies are, to be honest.

    Are you setting your trainees up for success or do you want them to fail so you can feel indispensable?

    Plus, someone talking to you as you walk out the door is not exactly 'still on the clock', is it? It might be irritating and technically your time, but adjusting the time after you've clocked off strikes me as more than a little bit petty... (and I say that as a freelancer who is constantly having to stand on my work-life balance rights...)

  15. Anjela

    Quit.

    It's not worth it

  16. Anonymous

    Report the run around to the state department of labor and the federal department of labor.

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