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by Alexandra Aguayo on January 30th, 2006

Alexandra Aguayo

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How illegal is it for my employer to change the time on the time clock?

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  • by RedJohn on January 30th, 2006

    RedJohn

    This question could apply to changing the time on the clock or an employee's time card.

    The clock...
    If the time shown on the clock is incorrect, the employer is probably required to correct it, but cannot use this as an excuse to dock the employee's time (e.g., docking the employees 10 minutes because the clock was set back this amount in order to correct the displayed time). For the sake of courtesy, it is best to change the clock outside of normal working hours, if possible.

    The time card...
    That all depends on why the record was changed and whether or not you were informed as to why it was being done. It also depends on what the labour law in your legal jurisdiction allows.

    First of all, the employee should be informed of any changes to their time card, as well as the reason for them. That is both standard practice and courteous. The following are some reasons that could be considered valid for altering a punch card:
    - If there was an error on the clock itself, that was corrected between the times you punched in and punched out.
    - If you punched in and/or using the wrong card (e.g., different punch cards for different areas of the plant or for working on different tasks or projects).
    - If you made a mistake and punched in or out at the wrong time.
    - If you worked overtime or extra time for which you were not given permission.

    However, if your time was docked without your knowledge to reduce the number of hours that you were authorized to work, you have a case. This can happen if the supervisor wants to keep the number of working hours down to stay in budget or to look good to his supervisor. If they don't like you very much, it could be a not-so-subtle hint to leave. If you worked longer than you were authorized to have worked (e.g., overtime or additional straight time), through the fault of your supervisor, he or she may be trying to cover their mistake at your expense.

    The important thing to realize is that if they altered the time on your card, without your consent and without just cause, in order to deprive you of pay for a period that you were authorized or believed yourself authorized to work, they are in violation of the labour code where you live (unless your labour code is antidiluvian).

    First, ask your supervisor why the time records were changed and who authorized the change. If you were not consulted, ask them why. If you supervisor fails to co-operate, go to his or her supervisor. If you cannot find satisfaction from these steps, then you need to do one of the following.
    - If you have a union, raise the issue with your shop steward. If the union believes that an impropriety occurred, they should support you.
    - If you do not have a union, but have a formal, written complaint mechanism within your workplace, take the issue there.
    - If you have neither, contact the government ministry or department that concerns itself with labour issues in your jurisdiction and take it up with them.

    An employer cannot change an employee's time card without just cause.

    Comments

    • My supervisor is trying to justify his reason for changing my clock out time by 30-45 min a day because he thinks I have gone over you breaks by that amount of time. Now I work in a call center were all calls come in automatically and if I leave my desk I must put myself on break, everything is recorded and available to me to see. I have never gone over a break actually over the last 30 days I am on average only using about 80% of my allotted break time. He has not proof to justify. What to do then?

      Jason_M9913

      by Jason_M9913 on December 1st, 2010

    1 comment | Post one | Permalink

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