can an employer delete hours from an employees paycheck for allegedly not clocking out?

My former employer has deleted approx 20 hours from my paycheck stating that I did not clock out. The system does an auto clock out at 5am and as the former general manager of a tavern was often still working at that hour. Essentially they deleted the entire day from payroll as retaliation for a separate wage dispute involving nonpayment of wages from the "remodeling" phase of opening the establishment to the tune of thousands of dollars. I was told that I would be compensated after the place opened, as they paid cash daily to other employees, and told that I would not be terminated when the place opened but be well taken care of. Well the place opened and I was terminated after 2 weeks of business. They don't deny the debt to me but simply refuse to pay. I kept track of my hours on a calendar, and was given about $400 for gas and food but was told much more was due to me.

2 answers  |  asked Mar 30, 2010 5:17 PM [EST]  |  applies to Ohio

Answers (2)

Neil Rubin
There is a lot of discussion on this website which deals with your issues. Go to the Q&A section and click on "overtime". The statement of the law will be there.

As for your situation, it appears that your employer has violated both federal and state wage and hour laws. You should speak to an employment lawyer to make an accurate determination and maybe hire this lawyer to first contact your former employer and inform them of their wrongful ways. This may get you a quick resolution before litigation is needed.

Good luck.

posted by Neil Rubin  |  Apr 1, 2010 09:21 AM [EST]
Bruce Elfvin
If you have records of your hours and the employer did not pay, then this is a fairly direct violation of minimum wage and overtime rules. You need to discuss this with an employment attorney near you. The failure to pay violates both federal and state law. You have to be careful as there are statutes of limitations that will start to cutoff recovery if you wait too long.

Depending on where you are located, you can call my office 216.382.2500 or you can select an employment attorney near you at www.oelasmart.net/directory.

posted by Bruce Elfvin  |  Mar 31, 2010 07:41 AM [EST]

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