working off the clock

UPDATED: Jun 11, 2009

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working off the clock

my empolyer came to my house on my day off to accuse me of time card fruad is this legal

Asked on June 11, 2009 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Are you asking whether your employer can accuse you of "time card fraud"? The answer is that if he accuses you privately, yes--there is no restriction on what we can say to each other. If he accused you publicly, or in front of other people, and you can prove you did not commit fraud, he may have slandered you and you might have a cause of action against him.

If you are asking whether you employer can come to your home to discuss employment matters, the answer is yes--it is unusual and possibly inappropriate, but not illegal.

Is the employer you refer to the top manager or owner of the business? If he's not, and if you can show that his claims or allegations were wrong, you might want to bring this to the attention of a higher-level manager--even if not illegal, the behavior may be highly unusual and inappropriate. (Of course, if you have committed "time card fraud," your employer may have been trying to keep the discussion private by having it at your home, not at the office.)

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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