Falsifying Time Records

CindyG

We have a non-exempt employee who is required to punch out for her lunches. I've observed her leaving for lunch and not punching the clock (she sits right outside my office door). I also do payroll and asked her what days she didn't take lunch the previous week because she had 3 days with no lunch punches. On the day that I observed her taking an hour and 15 minute lunch, she told me she had not taken one.

On the following Monday, I observed her taking a 50 minute lunch and not punching the clock again. (I seriously don't have that much time on my hands, but when I see people leave and don't hear the time clock beep which is also outside my office, I take notice! ha ha)

I brought it to the supervisor's attention who wants to keep an eye on it, although she doesn't see her from where she sits. My plan is to ask the employee about the second instance and see if she again tells me that she didn't take her lunch. At that point, I feel a Final Warning is due for falsifying her time records. I feel she's trying to get pay she's not entitled to and is stealing from the company. (She recently asked me for a company loan, but has yet to work a 40 hr week in weeks!)

The reason I started watching her is because she's away from her desk a lot (and is our only customer service rep) and takes extended 15 minute breaks and lunches.

I still deducted her lunch for that first instance even though she told me that she didn't take one because I observed her leaving the building. When she has one less hour in her check, I'm expecting her to come see me - she is very unpleasant to work with. How would you approach the situation? Thanks!

POPEYE

Falsifying any type of company records/paperwork is listed in our handbook as a terminating offense and that is exactly what we would do in this instance if we had appropriate documented "proof".

HRinFL

I agree with POPEYE, we would terminate for falsifying time records.

Whenever I start to feel blue, I start breathing again!

Whatever

[font size="1" color="#FF0000"]LAST EDITED ON 12-14-05 AT 08:58AM (CST)[/font][br][br]Falsifying time cards is a fireable offense according to the rules. If an ee forgets to clock in/or ou,they get a warning that advises that the next time there will be a suspension furthermore, if they forget to clock out, it will be assumed that they clocked out when they were suppose to and if they forget to clock in, their supervisor will have to verify that there were in and working. The third time results in termination.

Whirlwind

I absolutely do not understand the supervisor's attitude of wanting to "keep an eye" on it. You've already had an "eye on it" and have first-hand proof that she is deliberately falsifying records directly linked to her pay, i.e. stealing from the company. She should be warned in writing immediately, at the very least. The supervisor is being negligent, and if were you, I would take this up with the supervisor's supervisor.

CindyG

Thank you all for your input. The supervisor and I just met with the employee and she reacted just as I thought she would - she's mad! We issued her a Final Warning because it happened at least twice and she deliberately said that she hadn't taken a lunch. She acted "fakely surprised" about not punching, but then it turned to anger when she learned it was a Final Warning when she had never received a warning from the company and when we said "whether it was intentional or not, it is theft from the company for being paid for hours you didn't work." Maybe the word "intentional" wasn't the best word to use!?#!
To answer your question, the supervisor is very laid back and tends to avoid conflict situations. I felt this one couldn't be avoided.

E Wart

I would have had the supv. have a meeting with the meployee and show the employee their time card and asked them if they took lunch/left the company property not on company business and perhaps forgot to clock out. I (Make sure that you or whomever was a witness to the offense is in the meeting). If she said no, then I would explain that it was observed that she did do this on this day. I would explain that this is falisfication of company records, which is a termination offense. However, you will give her a one time warning to make her aware of this and if it should happen again, she would be terminated. (Let her know what the action would be.) Document all of this and have her sign the documentation (and have a manager/supv witness)
I would make sure that if you notice this happening again, you find another supv (preferably hers) and have them "witness it as well", even to the point of watching out the window for her return or sit at her desk for her return. (Just make sure that she is "off the clock" and not somewhere on company business.) When she returns, have her supv. call her immediately into a meeting with the witness and ask her again about it and see what they say.
Also, you can ask others in a non threating way about this to obtain info (such as I need to talk with Suzie and she isn't at her desk, do you know where she is?)
Sounds as if she needs to go and I am sure she will "hang" herself. Good luck.
E Wart

HeRman39

Two years ago we had an ee who was on retricted duty from a workers' comp claim. We had him working at an offsite facility that took a good 15-20 minutes to get to (11 miles and 7 traffic lights). He arrived at our plant, on pay day, at least 10 minutes before 4:00 PM (his hours were 8:00-4:00). He was asked by a supervisor what time he worked until. He stated 4:00. He turned a signed timesheet in the following week that indeed said he worked until 4:00 that day. In arbitration he admitted he had left early but "only 5 minutes." He also admitted he made no attempt to correct his timesheet. While the arbitrator found his claim of a 5 minute early leave incredible based upon a number of credible witnesses making statements which prooved otherwise, his decision was less than favorable for the Company. The arbitrator found the ee guilty of falsifying records and leaving work well before the end of his shift. He did not, however, find that it constituted theft. He ruled that the Company was right to discipline the ee but reduced the discharge to a 30-day suspension. This ee has never had the greatest work record and even told the company's VP (myself) to "get the f--- out" upon being informed of his termination. All of this was presented at the arbitration hearing. As a result of the award (and the fact that it took so long to arrange arbitration and to get the decision) this ee got all back pay and benefits (including possible overtime) for the 4 months he was off after the 30-day suspension. Before you think you have a slam-dunk win, remember you never know what an arbitrator is going to do.