Can I sue or file charges against former employer for deducting my hours without my knowledge?

UPDATED: Oct 1, 2022

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Can I sue or file charges against former employer for deducting my hours without my knowledge?

I was recently terminated from my job of 2 years after falsely being accused of manipulating my

time card, which I was not aware of until 2 weeks later after receiving my paycheck stub. I tried contacting the owner of the company on multiple occasions once I realized my hours had been doc,

a couple weeks later I finally get in touch with the owner and that’s when he told me that he was

letting me go. He never mentioned or got back with me on my concerns of my hours being deducted without my knowledge. I feel I was retaliated against by being fired because i simply did not let the

issue go. Please tell me what legal action I can take, if any.

Asked on December 7, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Assuming you were an hourly employee, under the law (e.g. the Fair Labor Standards Act or FLSA) your employer must keep accurate time records and must pay you for all hours you actually worked (and overtime, when working more then 40 hours in  week). If you were not paid for all hours worked, you could sue and/or file a labor department complaint.
2) It is illegal to  fire an employee for looking to enforce his legal rights (such as to being paid for all hours), so again you could sue and/or file a labor department complaint.
A good way to begin would by contacting the state and/or federal department of labor: if they help you, their help is free. You always later retain a private attorney if the agency advises you that would e a bette way to go.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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