Here's some clarification:
I'm not asking this so that my co-worker can SUE SUE SUE!!! What I'm asking is if he says "I want that off because you said it wouldn't be on reviews" and the boss refuses does he have the law on his side or not?
And here's an update:
My co-worker IM'ed the boss this morning and said he'd like to have that email attached to his review. The boss flipped out on him and came into his office and started yelling at him. Said that the co-worker knows he has an "hours issue" and that from now on any changes he makes to the network must be approved by him first.
Now, I know what you're thinking next -- "the co-worker must have done more than clock out a few mins early to warrant such a response." You'd be partially right. One of the oddities about my boss is that one day he'll be joking around with you and treat you like his best friend. The next day he'll be yelling and screaming at you for something insignificant. As someone else said about him "he's the kind of guy that likes to think he has the longest dick in the locker room."
Anyway, my co-worker is not perfect. He was promoted to be a network technician from help desk and expected to learn on the job. He has done so very well and, after a year, is close to getting his CCNA.
The "hours issue" the boss was referring to I can only imagine is because the co-worker has called in sick more than average, but not enough to warrant discipline. However, for every 4 minutes he clocks out early, there is an instance of him working over VPN at night, coming in to fix network issues after hours, or coming in early. So what the big "issue" is I'm not really sure.
I'm a server guy and can empathize. I spend 2-6 hours every week patching servers, doing work after hours, etc. on top of my 40 spent sitting in my desk. Most days I work through lunch as well. A typical week for me is 48-50 hours. I got talked to a few weeks ago because I occasionally leave a few minutes early. Didn't think anything of it until this came up.
I'm in agreement with others that as a salaried employee one is paid to do a job. IMO so long as one is available (near a cell phone and internet access) in case something happens and is present for meetings, it shouldn't matter how many hours a person works or where they do it from. I'm expected to work over 40 hours without batting an eye so why should working 38 be a big deal? Why doesn't the door swing both ways?
Anyway, I don't call the shots so I can accept it or leave. My co-worker has a meeting this afternoon with our boss and his boss. We'll see what happens.