If an employee makes mistakes in their time keeping, what should they do?

UPDATED: Oct 1, 2022

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If an employee makes mistakes in their time keeping, what should they do?

I believe a previous employer willfully lied to me about what sort of timekeeping I should record, so that they can later on sue me for false timecards. I worked as a driver at a private company in California. What sort of interest payments can they collect from me if they take me to court for time card issues?

Asked on May 16, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you recorded your time incorrectly, they can sue you to get back any overpayments--any amounts you were paid for work you did not in fact do. They cannot collect interest up through when they sue you (assuming they win) unless and only if you had signed some written agreement allowing them to recover interest in this situation. If they sue you and win and you do not promptly pay, they may recover "post-judgment" interest for time that passes after their court victory. In most states, this is generally around 8% per year.

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