not paid

[wendyt]

I am a salaried employee and have been for 6 yrs. Recently, a coworker who wants my position told the CEO of our small company that I did not work a full 40 hours during one week. I do not use a time clock or time sheet so I do not have "proof" that I was here other than the other employees who saw me. I do not work "normal" business hours and do not work the same hours as this coworker so he does not know when i am here. The CEO informed the payroll dept not to pay me for 16 hours of the 40. The payroll dept called me immediate supervisor for assistance and they informed the payroll dept to use my PTO time to cover the 16 hours until we could get the situation straightened out. The payroll dept did not do this due conversations with the CEO. When i received my pay, it was 16 hours short. I have always worked over 40 hours in a week sometimes 80 hours in one week and this has never been an issue. My payroll checks have never changed but since this coworker wants my job and is friends with the CEO, I was 'docked' 16 hours. Is this legal??

 

[cbg]

Not if you actually did work the hours. I would suggest, however, that you attempt to resolve it internally before you take it to the state DOL (which would be your next step if attempts to resolve it interally fail).

 

[calalily]

Start Documenting

You may want to start an arrangement with your immediate supervisor on some way to document the time you work from now on. If this other employee is truely after your job then you need to start protecting yourself, armed with written documentation. Will your co-workers and supervisor put in writing that you worked those 16 hours that are disputed? Are you allowed to speak witht the CEO yourself or do you have a chain of command to use? Start using it and put everything in writing, like in letters or email always keeping copies for yourself. Did the CEO say where this other employee got his/her information? Since you work different hours than the employee making the alegations, make sure to repeat that information in your correspondence. Good luck...your reputation is at stake and hopefully your supervisor will go to bat for you with the CEO.

 

[Malibu_Barbie]

If you worked the hours, then you should have been paid for them. I agree with Calalily as to documenting your time in the future. Also, if you use a computer, is there an IT person at your company who can verify that your computer was logged in and out during specific times during that time that the co-worker claimed you were not at work? If so, there's your evidence to dispute the co-worker's allegations.

 

[Malibu_Barbie]

**EDIT: Other than server login/out and computer file accessibility (including programs and internet), there's more evidence that can be obtained to show you worked during the time the co-worker claimed you didn't, if any of these are applicable:

1) Parking records (where access is secured/charged electronically)
2) Sign-In/Out Sheet at a security desk
3) Electronic Key Card entry
4) Witnesses (was anyone there when you arrived at the office, worked, left?)
5) Reports? Did you prepare any? Where there dates and times on them?

Sorry, I don't know your line of work or the environment, but there could be other things which could show proof.