If I have proof that my store manager is altering my time punches to avoid paying me overtime, can I file a lawsuit with the company without losing my job?
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If I have proof that my store manager is altering my time punches to avoid paying me overtime, can I file a lawsuit with the company without losing my job?
I work for a large company and I am an hourly employee. My store manager gets in trouble when her employees go into overtime. I found out that she altered 1 of my time punches last week to bring me to exactly 40 hours. I don’t have proof of that instance but if it happens again I can prove it and I intend to. However, I don’t want to lose my job by filing a lawsuit even if its because im not being paid for the time I’ve worked, something that’s expressly against company policy.
Asked on June 6, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, a company may not retaliate against an employee for filing a claim for unpaid overtime. That does not mean that the employer will not terminate you, if sufficiently angry, arrogant, etc.--but it does mean that if they do terminate you, you should have yet another claim or cause of action, this one for unlawful termination.
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