Legal Question in Criminal Law in California

To whom it may concern -

I work for a large corporation in California.

For quite a while, I would report to work and clock in using the company�s timekeeping system.

After I would clock in, my supervisor would change my clock in time thereby �skimming� me of time and money.

For example, lets say that I would report to work and clock in at 7:30 AM. My supervisor who has access to my timecard and can change it would change this from 7:30 AM to 8:00 AM thereby stealing 30 minutes of time and pay from me.

This happened numerous times over the course of approximately 4 years.

It seems to me like this should be criminal as I believe it may be embezzlement, fraud, larceny, or some combination thereof.

Could you please advise if you believe this to be criminal as well and what steps I should take from here.

Any and all information you could provide is greatly appreciated and I look forward to hearing from you.

Thank you in advance for your time.


Asked on 8/09/14, 9:32 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

You can file a police report. It is up to the DA whether or not to file criminal charges.

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Answered on 8/09/14, 11:44 pm
Anthony Roach Law Office of Anthony A. Roach

It is none of the crimes you list, and arguing about it is pointless because it is up to the District Attorney what criminal charges to file.

With respect to a civil case, you should be aware that there is a three year statute of limitations that runs from each pay period for unpaid wages, and this period applies to penalties. Alternatively, you can file a complaint with the Labor Commissioner for what is known as a "Berman" hearing.

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Answered on 8/10/14, 6:42 pm
Terry A. Nelson Nelson & Lawless

IF, IF you can prove what you claim, then you have a great claim for unpaid wages/OT, interest, penalties, and attorney fees when you win.

You have a look-back period of either three or four years, depending upon certain criteria. Even three years would mean a substantial recovery. In such cases, after several years the interest and penalties add up to several times the amount of the unpaid compensation; it adds up quickly. I've seen the total be 4x the wage claim itself.

You will have to be able to convince the judge that your story is true. You could do that by independent records, like copies of the real time card entries before alteration, a journal book where you daily enterer the true hours, witnesses who saw and heard this going on, etc. I'm assuming you never complained to mgmt? That too would be a record.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 8/11/14, 3:35 pm


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