Time card fraud termination

UPDATED: Oct 1, 2022

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Time card fraud termination

I work in Washington state and was recently on suspension without pay pending an investigation, today I was terminated the main reason the HR director said was for time card fraud. I am a salaried employee I used a time card for vacation and sick days. I asked how can this be fraud when my managers approved the submissions if I entered incorrect hours it should have been halted at my managers’ approval which it wasn’t. 2 months ago I returned from FMLA and thing have not been pleasant for me upon my return. I have never been written up based on company policy and process. I have been employed by this company for 10 years and in this 10 years I have been promised comp time which I never was able to take. the comp time was for me when my employees performed weekend work in which I had to supervise over the course of 10 years accumulated a lot of promised comp time with no opportunity to take. Is there anything that I can do?

Asked on November 20, 2017 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no legal obligation to provide salaried employees comp time, and they could have required you to do weekend work without comp time (salaried employees can be required to work 7 days/week without additional pay or compensation). Because this was not something the employer had to provide you, you do not have any sort of vested or enforceable right to it: therefore, the employer is not required to pay it out on termination.
If you did not have a written employment contract for a definite or set time period (e.g. a one-year contract) which was still in effect and which protected you from employment, you were an employee at will and could be terminated at any time, for any reason--even time card fraud when the cards were signed off on or approved by supervisors. 

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