Is it against the law for upper management to change/edit an employees timecard after it has been approved by the department manager and sent to payroll?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it against the law for upper management to change/edit an employees timecard after it has been approved by the department manager and sent to payroll?
Asked on November 29, 2018 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A change may be made to correct a mistake--for example, if without an agreement for overtime, the timecard recorded overtime when the employee had not worked enough hours to qualify for it.
However, you write that there was an agreement made, before you accepted working the shift(s), that you would receive callback pay. Such an agreement is enforceable, since it forms an oral (unwritten contract): you offered to work for callback pay, and the employer, by its manager, accepted that offer. Even if the manager did wrong to do this, so that she might be disciplined, demoted, suspended, fired, etc., because as a manager she had the "apparent authority" (the reasonably perceived power) to do this, her agreement binds the company. Therefore, you could sue the employer for the extra pay (because labor laws were not broken, this is not a matter for the department of labor--your only recourse would be to sue, and you have to decide whether suing your employer over this is worthwhile).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.