Search This Site.

advice needed


(Baltimore, MD)

I was forced to resign by my employer after they said that I had committed "time sheet" fraud. I was an exempt employee meaning that as long as I am able to complete my work I am legally able to take a 2 hour leave each day. I know I had been working my hours each week and HR even said that there was only an 8 hour discrepancy on any of my pay periods (which run biweekly). Also the way they are trying to say I haven't been working my hours is by looking at my garage swipes, and this was never a discussed protocol. I often get dropped off to work or take a company shuttle service that picks me up 2 blocks from my house and drop me off near work. Can this hold up? HR said that if I resign they would not "refute" or "fight" any unemployment benefits that I might seek. Does this mean that I should be able to get benefits? I work in academic research and there were going to be layoffs happening, so I think this is their way of getting rid of me without having to pay me severance ( I have worked for this company for 14 years....) Any advice you can give would be greatly appreciated.





Hi,

Any advice from me would also be contingent upon whether you and I can agree to what an exempt employee actually means.

Guidance from the FLSA on exempt employees (Fair Labor Standards Act)

"However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations."

I have a question. Why would the employer chose time theft to actually force you into quitting in lieu of discharge. And this isn't my only question.

I do realize that you may not be guilty of work related misconduct, but I have no clear picture of what the employer's rules might be .. only your reasoning about what an exempt employee is legally, which only makes sense if you're talking about an employer rule .. which isn't exactly .. a law.
So, you've left me in a tough spot to start yapping about how all this might affect your unemployment benefits.

Advice and coaching anyone?

How about the Maryland Unemployment Decision Digest?

Click here to post comments

Return to Can I get unemployment if I have been fired?.

} }