Is it legal to modify time cards if you can prove an employee wasn’t where they should be, which was on a job site?

Question:

Is it legal to modify time cards if you can prove an employee wasn’t where they should be, which was on a job site? All of our company vehicles and equipment have GPS. Our employees know they are not to clock in until they are on the job site and to clock out at the job site. Because we have GPS, we can prove an employee clocked in and out from home, and also left the job site for hours at a time on several occasions. He was given a warning that these behaviors were unacceptable but continued to do this nearly everyday. His boss modified his time cards according to the GPS. This employee was eventually fired and is now threatening to file a wage claim if he isn’t paid for his time. We do not believe any wages are owed and can easily prove that with the GPS data. But, I want to make sure we are in the right here. Thanks.

Answer:

Ultimately, an employer is responsible for paying its employees for time actually worked, even if a timecard says otherwise.  Although modifying an employee’s timecard without proper authority and justification is generally not a good idea, it might be required in certain cases. Here’s a general approach you might consider for most cases:

1. Verify the Details: Ensure you have accurate information about the discrepancy. Double-check the records and any evidence you have regarding the claimed work hours.  This may include ensuring the vehicle GPS is accurate and confirming that the employee was in possession of the relevant vehicle.
2. Review Policies: Check your company’s policies and procedures related to timekeeping and handling disputes. There may be specific guidelines for addressing this issue.
3. Document Everything: Keep detailed records of any discrepancies and communications related to the issue. This documentation will be important if the situation results in litigation or a wage claim.
4. Educate the Employee:  If  you are taking the time to go through this process, also take the time to ensure the employee fully understands the issue and the company’s policies.  You want to make sure that the issue is not resulting from a simply misunderstanding.
5. Correct the Timecard: If you are confident that the employee’s timecard is incorrect, then you may consider correcting the entries on the timecard. Generally, this would involve notifying the employee to ensure transparency and accuracy.
6. Implement Corrective Action:  If the employee continues submitting fraudulent time entries, follow through with appropriate disciplinary measures, as outlined in applicable company policies.
7. Follow Up: Ensure that the issue is resolved and that any necessary actions are taken to prevent similar issues in the future.

In this event, the outline above may not be relevant, as the employee has already separated from the company.  As such, it’s probably not a good idea to modify anything related to the employee at this stage. Instead, you should preserve all applicable documents and records in preparation for potential litigation and/or a wage claim.

Finally, as always, make sure you work with knowledgeable local employment counsel to help resolve this issue.