I have an employee who routinely punches out and then returns to complete her work, frequently for 3 or 4 more hours! She has extremely poor time management skills. I have told her she cannot punch out, and that we must pay her for the time she works. Is this true? If so, why? I want to take disciplinary action against her for not completing her work in a reasonable amount of time, but because she punches out I am not sure if I can. Other people doing the same job are able to complete their work, so it is not an issue of assigning her too much to do.
2006-09-08 14:17:22 · 13 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
First of all anyone who works off the clock is a financial liability. I she were to trip and fall off the clock, she would sue the company and win. Worker's comp. doesn't cover off the job injuries.
Second, any employer has the right to assign work and expect it to be completed in a certain time frame. If she cannot do that, it is in the best interest of the company to find someone who can complete their job duties.
If she were my employee, I would write her up for incomplete assignments. I would give her a statement telling her that she has repeatedly failed to complete her job duties in the time allotted and that she has one week to improve her performance. If after a week, there is no improvement, I would give her the same notice again. If she then failed to improve, I would terminate her.
Be sure to date all write ups and have her sign the original and the copy that you provide her with. Do not place the original anywhere she has access to. The same day you write her up, write a letter to all employees stating no one is to remain at work, off of the clock, and anyone doing so will be terminated.
She will either shape up or you will find someone new.
2006-09-08 14:31:24 · answer #1 · answered by ? 6 · 1⤊ 0⤋
Having been in management many years,I know that you must investigate the situation. In what ways Is she mismanaging her time? Is she wasting time talking to other staff about things that are not work related? Is she talking on the phone to family or friends. Is she doing her homework in the break room? If this is a hospital setting...is she spending too much time talking to the patients and then can't complete her charting? If you decide to 'write' her up, you legally have to have your facts together. You .must state exactly what she is doing wrong and document it. You must write a plan for her improvement including 'x' number of meetings to see how she is doing with your plan. And set a time frame for her to become more competent and complete her work in a timely manner.
Now if she fails again , you must do the above action again and if she fails again, you must do it a third time, before you can fire her.
See the absolute importance of the 3 month probationary period ....during which you may fire for any reason.. and on the spot. ...
Right now she is basically volunteering her services and doing so to prevent the business or hospital from falling behind because she didn't complete her work. Actually that is pretty conscientious, ...but that still makes you legally liable to pay the overtime.
Or maybe the work load you give your employees is too overwhelming. Maybe the other employees are cutting corners to complete their work.
I just watched new employees like a hawk during the first 3 months. I made sure they had a list of their duties and when they were to be done. Leave nothing up to chance.
Check your Companies Policies and Procedures Manual to see if there is anything listed there. If there isn't, write a policy to cover it for the future.
Check with your Human Resources Department.
Check your State Government's laws for Employee Rights.
I also read on the net last week about a suit against some Brokerage Houses that were sued for not paying for the extra time worked..so you may get sued if you don't pay.
2006-09-08 15:01:13 · answer #2 · answered by kar_summers 3 · 0⤊ 0⤋
Depends on company policy. If you have a policy stating that she cannot then she cannot. You don't have to pay her because there is no proof. She has punched out and that is that. It can only become an issue if she decides to sue. You may be called in and you will have to admit that you were aware of it. To be on the safe side, give her a written notice. If you don't have a policy, then it is time you reexamine your policies and make all your employees sign it. Since we are a sue-happy country, why take chances? It is good you talk with your company attorneys. They can guide you much better.
2006-09-08 14:30:29 · answer #3 · answered by worldneverchanges 7 · 0⤊ 0⤋
you have let this go on for more than one second beyond than it should have been allowed. you, as a manager or an owner, of the company, are under a great risk for allowing this to happen in the first place, the liability issues are enormous. the blame on allowing this to happen is in the training and the management skills of the supervisor. o.k. enough jumping down your throat.
you first need to get with this person and determine what is owed her (believe me this will be better in the long run), and pay her for it, then discuss ways on making her a more productive employee, re-train or re-assign her. you do not want to fire her now until you have exhausted all efforts to try and make her an asset to the company. also keep documentation of all meetings, write ups,etc. so that you will have something to show to the labor board in case something happens. and while you are writing things down, write yourself a reprimand to you for letting this get to far.
2006-09-08 14:55:47 · answer #4 · answered by barrbou214 6 · 0⤊ 0⤋
Have you looked at your Policy & Procedures? I'm sure there is a policy on the proper time keeping practices. She has grossly violated this policy. Maybe she needs more training? I believe this would be the most appropriate step - confronting her about her inability to complete her work on time, and then offering the appropriate training to help her improve in this area. Just be sure to follow P& P to the letter and treat her with respect. Good luck!
2006-09-08 14:34:49 · answer #5 · answered by zia269 3 · 0⤊ 0⤋
she can not do that if something was to happen to her medically speaking during those extra hours you could be in a lot of legal trouble cause they would question her about it and she may not be getting the correct amount of breaks if she cant get the work done in the time she is allowed she needs to be addressed about it and if she doesnt change the way she works she should be disciplined.
2006-09-08 14:55:17 · answer #6 · answered by decjr2006 2 · 0⤊ 0⤋
if the work is not done in the time table set up by the company she can indeed by fired or reprimanded. Just because she is doing the work off the clock does negate the fact she is not finishing the required work on time.
2006-09-08 14:20:48 · answer #7 · answered by Jon H 5 · 0⤊ 0⤋
No. You worked, you receives a fee for time worked. it truly is because some people fail to clock precise that we've a redundant (frequently hand-written with the help of a manager) record of hours worked. Your employer might want to pay you for hours worked. He can, besides the undeniable fact that, sanction you with fines and disciplinary strategies in case you fail to adhere to time-clock coverage.
2016-11-25 21:24:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
All companies I have worked for prohibit employees from working off the clock. And one would fire you on the spot if caught doing so. It is a major company whose logo is a Bulls eye.
2006-09-08 14:24:16 · answer #9 · answered by PARKERD 7 · 0⤊ 0⤋
If she punches out and continues to work 3 or 4 hours, and you know about it... you have to either pay her or ask her to leave.
that's a big labor-management dispute and possible suit waiting to happen.
so make the choice and dont allow her to allow you to violate her rights under the law.
2006-09-08 14:25:37 · answer #10 · answered by anonymoususer987876 3 · 0⤊ 0⤋