Law question

child of wonder

Diamond Member
Aug 31, 2006
8,307
176
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Being salaried employees my co-workers and I were shocked when my boss had us all begin using a time clock to punch in and out at the beginning and end of the day and lunch. He was vague on the reason why. After much pressing I got him to say it was so he could show the execs that we're all already working OT and that more employees are needed. He sent an email to all of us that the time clock would not be used in anyone's review it was only being used for the aforementioned reason.

Our annual reviews were this week and one of my co-workers said that he got dinged for punching out too early (4 minutes) a couple days. I suggested he forward the email saying the time clock would not be used on reviews to HR to have it appended to his review.

Would he have a leg to stand on if he demanded that section of his review be removed?

ADDITIONAL INFO:

Boss's exact words in time clock email: "First of all, how many hours people work will have no negative impact on your evaluation."

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.
 

pontifex

Lifer
Dec 5, 2000
43,804
46
91
someone got caught being dumb and they want to cry about it? yeah, i see that going over well.

also, just be glad you guys have a job.
 

mozirry

Senior member
Sep 18, 2006
760
1
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poor taste on management but this is how most places justify to upper=heads who are in control that you really do need people
 

child of wonder

Diamond Member
Aug 31, 2006
8,307
176
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Originally posted by: pontifex
someone got caught being dumb and they want to cry about it? yeah, i see that going over well.

also, just be glad you guys have a job.

Considering his review dictates his raise and could even be used as a reason for termination I don't see how it wouldn't be in his best interests to call it into question.
 

Orsorum

Lifer
Dec 26, 2001
27,631
5
81
Originally posted by: mozirry
poor taste on management but this is how most places justify to upper=heads who are in control that you really do need people

Yep.
 

pontifex

Lifer
Dec 5, 2000
43,804
46
91
Originally posted by: child of wonder
Originally posted by: pontifex
someone got caught being dumb and they want to cry about it? yeah, i see that going over well.

also, just be glad you guys have a job.

Considering his review dictates his raise and could even be used as a reason for termination I don't see how it wouldn't be in his best interests to call it into question.

umm...ok, so how does an employee who breaks the rules and doesn't follow policy deserve a raise?
 

Brovane

Diamond Member
Dec 18, 2001
6,540
2,678
136
Originally posted by: child of wonder
Being salaried employees my co-workers and I were shocked when my boss had us all begin using a time clock to punch in and out at the beginning and end of the day and lunch. He was vague on the reason why. After much pressing I got him to say it was so he could show the execs that we're all already working OT and that more employees are needed. He sent an email to all of us that the time clock would not be used in anyone's review it was only being used for the aforementioned reason.

Our annual reviews were this week and one of my co-workers said that he got dinged for punching out too early (4 minutes) a couple days. I suggested he forward the email saying the time clock would not be used on reviews to HR to have it appended to his review.

Would he have a leg to stand on if he demanded that section of his review be removed?

Who did the dinging on the review? Your boss? If so I would ask for clarification.
 

Hacp

Lifer
Jun 8, 2005
13,923
2
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This isn't a law question. Its a stupidity question. Follow orders or leave, simple as that.
 

Orsorum

Lifer
Dec 26, 2001
27,631
5
81
I think his comment was meant more to indicate that your review would not be adversely affected by anyone working just their regular hours. If you're supposed to be there during a given time frame, you better be there unless you have an excuse.
 

lxskllr

No Lifer
Nov 30, 2004
60,926
11,258
126
That company is well on their way to getting the worse employees they can screw. Clocking out 4 minutes early a couple of days isn't basis for reducing pay. 4 minutes is a rounding error, and if they want to be petty over something like that, the good employees will leave.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
Originally posted by: lxskllr
That company is well on their way to getting the worse employees they can screw. Clocking out 4 minutes early a couple of days isn't basis for reducing pay. 4 minutes is a rounding error, and if they want to be petty over something like that, the good employees will leave.

And go where?

The OP is full of fail. He pushed the issue with his boss and his boss gave him the answer that would shut him up. Plus this isn't even about the OP. Its about a coworker of his and no REAL harm has come to anyone. Well except for the fact that they can't leave early anymore without being accountable for it.

In this economy I wouldn't go around pressing petty issues. Especially ones that don't concern you.
 

silverpig

Lifer
Jul 29, 2001
27,703
12
81
My philosophy towards salary is that you are paid to do a job, not to be at a certain place for x amount of hours per day. If the job is done, you go home; if the job requires more time, you stay. I have a salary position right now and there are some days where I come in for 5 hours and then leave. There are other days I work 9 hours straight with no breaks and then leave. There have also been times I've worked 32 hours straight. I have also had several days off in a row. So long as the job is being done and no one else is waiting on me, I'm good. Clocking out 4 minutes early seems like a petty nitpicking thing.
 

Leros

Lifer
Jul 11, 2004
21,867
7
81
Originally posted by: lxskllr
That company is well on their way to getting the worse employees they can screw. Clocking out 4 minutes early a couple of days isn't basis for reducing pay. 4 minutes is a rounding error, and if they want to be petty over something like that, the good employees will leave.

Exactly. Assuming the employee doing their job, I see nothing wrong. Oh left he a bit early a few days, but who cares. He did his job.
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
91
It doesn't matter who is correct, and whether it's recorded on the annual review or not. The boss/managers will remember that you are the troublemaker. Oh sorry, I meant your co-worker. ;)
 

AreaCode707

Lifer
Sep 21, 2001
18,447
133
106
Originally posted by: pontifex
Originally posted by: child of wonder
Originally posted by: pontifex
someone got caught being dumb and they want to cry about it? yeah, i see that going over well.

also, just be glad you guys have a job.

Considering his review dictates his raise and could even be used as a reason for termination I don't see how it wouldn't be in his best interests to call it into question.

umm...ok, so how does an employee who breaks the rules and doesn't follow policy deserve a raise?
Hourly employees clock in and out and part of their job description is being there at exact times. Salaried employees are expected to finish work and generally have some latitude on arrival/departure times. The drawback is you aren't paid overtime and may work significantly more than 40 hours a week.
 

EMPshockwave82

Diamond Member
Jul 7, 2003
3,012
2
0
Originally posted by: pontifex
Originally posted by: child of wonder
Originally posted by: pontifex
someone got caught being dumb and they want to cry about it? yeah, i see that going over well.

also, just be glad you guys have a job.

Considering his review dictates his raise and could even be used as a reason for termination I don't see how it wouldn't be in his best interests to call it into question.

umm...ok, so how does an employee who breaks the rules and doesn't follow policy deserve a raise?

What I'm reading from your posts is that someone that gets all the work done on time and signs out 4 minutes early 3-4 days (in an unknown length of time) while being tracked doesn't deserve a raise? (doesn't say how many days he stayed 45min to an hour after he was supposed to leave)


This is poor management attempting to make cuts where he/she can in a bad economy. Give 4 minutes here and there and get 40-50 with less complaints when you really need it.
 

TallBill

Lifer
Apr 29, 2001
46,017
62
91
Just because the clocks were put in for one reason doesn't mean that they can't serve another purpose as well.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: TallBill
Just because the clocks were put in for one reason doesn't mean that they can't serve another purpose as well.
:thumbsup:
Anyone who expects an executive to give an honest and forthright answer( that may be potentially detrimental to Management) is naive at best and a tool at worst.

It's every man for himself, just ask any CEO. He'll tell you to "take one for the team", "We'll make it good when times get better" whatever it takes to get you to work for less or betteryet, for nothing.

 

Wheezer

Diamond Member
Nov 2, 1999
6,731
1
81
you are salaried...which means you work until the job is done be it 30 hours of 60 hours....BUT like it or not companies are expecting you to work a minimum number of hours.....it's kind of an unspoken rule thing, you are an investment and they want to see a return on that investment.....when I was salaried I was expected to be there for a minimum of 45 hrs a week, but generally it was closer to 50-55.

Just comes with the territory...love it or leave it.

 
Dec 24, 2008
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He got paid, he didn't do the job, simple as that. Good luck in court, your honour, I didn't do what I was paid for. I only left early for a couple of days, he has no right to take away what shouldn't even be mine in the first place
 

LilPima

Golden Member
Sep 26, 2008
1,397
2
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You go to work to work. If he punches in 4 minutes early, I would say fine. If he doesn't, obligated to stay, whether there is work or not.