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Fired for timecard fraud.

by Danny
(LA,, California)

Well, I was fired due to my employer claiming I violated a time clock rule. In our office you are supposed to clock in and out from your computer, but because I work in music, and often receive phone calls before I arrive at the office, and after I leave this is virtually impossible. For the past year and a half I have been submitting my hours to my time card approver manually. She was laid off and that's where the problem started.

The HR lady took over for her, and immediately started harassing me about why I wasn't using the time clock. I explained to her that this is what I had been used to for the past year and a half and she would hear nothing of it.

She demanded that I use the clock. I told her that because of my schedule it would be difficult, but I would try and to please give me two weeks to make the adjustment.

About two weeks later they brought me in the office and accused me of time card fraud and fired me. They said they had me on camera coming in at noon and clocking in for 10. I explained that the reason for this was that I was making and receiving calls and emails before I came in, which is exactly what I do in the office except I wasn't in the office. I was 100% on call and working and that justifies me being clocked in. They fired me anyway.

Hi Danny,

What did the HR lady say when you asked for two weeks to adjust?

Were you an hourly employee or a salaried employee?

Were you expected to work from home? (You seem to be saying you worked from home.)

Do others get to do what you got to do?

If you were an hourly employee, it's not looking good for you.

I'm guessing the employer wanted you to come into work at the appointed start time everyday.

An employer does have a right to expect an employee at work at a certain time. The employee does not make the rules.

You might possibly think of contacting your former "timecard approver" and see if she would be a witness for you and/or write a statement to the conditions that existed for the previous one and half years.

Good Luck,

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Dec 01, 2010
But he was in the MUSIC biz
by: Chris - Unemployment-tips

Just thought I'd let you know that this question is two years old and he's long gone and never came back to let me know what happened.

I hope he hit it big and never has to worry about being without a job again.


Dec 01, 2010
Exempt vs. non-exempt
by: Anonymous

I'm assuming you were a non-exempt employee since you were required to clock-in everyday. If you were a non-exempt employee, you shouldn't be doing work outside the office anyway. The HR Manager had the right to require you to use a time clock, it's California law that the company has accurate time keeping records.

She should have changed you to an exempt status if you are working outside of the office. That would have solved the problem. But if you're only working less than 8 hours a day, that would not the in the best interest of the company to make you exempt.

Sounds like she is doing her job.

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