Employee deducting pay for "misappropriation of leave"

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bast525

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Hello,

I am posting on behalf of my wife, who works for a local police department. In January of this year, the department conducted an audit, and found that 20+ employees had "misappropriated leave", by filling out time sheets incorrectly (primarily by recording reporting to work on days that they did not actually report), and thus were paid wages for hours worked instead of having leave hours deducted from available leave time. The procedure for recording time for this department is as follows:

1. Employee fills out a paper time sheet bi-weekly
2. Employee also completes an online time sheet
3. Supervisors keep a daily written record of attendance by taking roll-call at the beginning of each shift
4. Both employee recorded time sheets are submitted at the same time
5. A supervisor reviews both the time sheets submitted by the employee, and the daily roll-call records, and then either approves or rejects the time recorded
6. If approved, the supervisor forwards the time sheet to the payroll department, or rejects it so that the employee can make corrections and resubmit

The auditors found that there were discrepancies between what was entered/submitted by the employees between their written time sheets and their online time sheets. Again, this submitted information was supposedly reviewed by the respective supervisors before being forwarded to the payroll department. The department is now stating they are going to be deducting pay from the officers' next several pay checks to compensate for this misappropriated time

The department sent a letter to the employees being accused of this misappropriation of time. My wife received the letter in mid February with the auditors' findings indicating she was found to have incorrectly recorded time for a total of five non-consecutive days, equal to one 40 hour work week. Today, she received an email from the payroll department indicating that she would have $287.17 deducted from each of her next four paychecks, for a total of $1148.68, which is almost exactly what her net pay is for one paycheck for 80 hours worked. In other words, they are deducting approximately twice the amount of time that she was notified she had misappropriated (not calculating for gross vs. net). She has not been notified of discovery of any additional misappropriated time.

My wife has requested to be allowed to review the original paper time sheets that she submitted to confirm the validity of the department's claims, but has not yet been allowed to do so. She has made this request several times.

Now, if it were just my wife, or just a few people, I could maybe see their reasoning, which is that employees were purposely filling out their time incorrectly to 'cheat the system'. But with over 20 officers being accused of this, and considering the fact that all time sheets MUST be approved by the supervisor before finally being submitted to payroll, it seems more likely that there is either some flaw in their procedure or system for recording or reviewing time, or that the instructions that were given to the officers (and possibly the supervisors) were inaccurate or incomplete.

Does the company legally have the right to deduct these funds from the officers' paychecks? Is there grounds for any type of legal action or maybe even a class action suit?
 
One more bit of additional info, I don't know if it's pertinent.

When employees were first notified of the auditors' findings, they were advised that the department would take from their accrued leave (if available, which in my wife's case, she does have enough accrued to cover the five days) to compensate for the misappropriated time. Only today was she advised that they would be deducting from their pay instead.
 
Your wife (and the others) do not get to benefit from what we will politely call a mistake just because it was found later rather than sooner. Rather than thinking of taking legal action ([particularly a class action suit), your wife should be thanking her lucky stars that no one has mentioned firing her.

If she really wants to make a fuss about the reimbursement being taken via payroll deduction, she can do that, and she might even win. But the company would then just turn around and sue her, and THEY would win. So what, other than attorney's fees, would she have gained?
 
So she has no way of fighting this? Another problem here is that the department has shown her no real evidence of any wrong doing. She has asked multiple times to see the original time sheets in question and still has not been allowed to review them.

They have shown no proof of wrong doing or even of the mistake being made. Also, they are claiming discrepancies that is basically her word vs. The supervisor's. She entered she worked, supervisor's roll call sheet says she called out sick. This happened at least once when she was at a training class conducted by the state. So, if the supervisor marks her out sick, she submits a time sheet that shows no sick days, the supervisor then reviews and approves her submitted timesheet.... and she is at fault?
 
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