If I have proof that my store manager is altering my time punches to avoid paying me overtime, can I file a lawsuit with the company without losing my job?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have proof that my store manager is altering my time punches to avoid paying me overtime, can I file a lawsuit with the company without losing my job?

I work for a large company and I am an hourly employee. My store manager gets in trouble when her employees go into overtime. I found out that she altered 1 of my time punches last week to bring me to exactly 40 hours. I don’t have proof of that instance but if it happens again I can prove it and I intend to. However, I don’t want to lose my job by filing a lawsuit even if its because im not being paid for the time I’ve worked, something that’s expressly against company policy.

Asked on June 6, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, a company may not retaliate against an employee for filing a claim for unpaid overtime. That does not mean that the employer will not terminate you, if sufficiently angry, arrogant, etc.--but it does mean that if they do terminate you, you should have yet  another claim or cause of action, this one for unlawful termination.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption