Is it against the law for upper management to change/edit an employees timecard after it has been approved by the department manager and sent to payroll?

Asked on November 29, 2018 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A change may be made to correct a mistake--for example, if without an agreement for overtime, the timecard recorded overtime when the employee had not worked enough hours to qualify for it.
However, you write that there was an agreement made, before you accepted working the shift(s), that you would receive callback pay. Such an agreement is enforceable, since it forms an oral (unwritten contract): you offered to work for callback pay, and the employer, by its manager, accepted that offer. Even if the manager did wrong to do this, so that she might be disciplined, demoted, suspended, fired, etc., because as a manager she had the "apparent authority" (the reasonably perceived power) to do this, her agreement binds the company. Therefore, you could sue the employer for the extra pay (because labor laws were not broken, this is not a matter for the department of labor--your only recourse would be to sue, and you have to decide whether suing your employer over this is worthwhile).


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