Legal Question in Employment Law in California
Time Sheet punch added
I forgot to punch out at lunch time. I asked my former supervisor to correct this for me (my curent supervisor was not around). I did not specify what time or how long I went to lunch because she was with me that day. SHe put the wrong time in and now we have both been terminated for 'falsification of records'. I did not falsify anything, as a matter of fact when I saw that it was incorrect I asked my current supervisor to correct it. Is this considered ''gross misconduct''? I am 7 months pregnant and really need to have my COBRA coverage.
2 Answers from Attorneys
Re: Time Sheet punch added
Of course time card fraud is gross misconduct, if true. Any such changes should have been made through proper supervisory channels. You should have had an opportunity to tell your version of the story during investigation; they obviously didn't believe either of you. Now, after the fact, your options are to walk away, or get an attorney to try to sort this out. You could try to get reinstated, but if two people were fired, it sounds like pretty serious reaction to the conduct, and probably only after internal discussion of risks and legal issues - they're not likely to retract it now. Another option is IF your attorney can negotiate to get the company to change it to a 'plain' firing, you could then get unemployment benefits. Feel free to contact me if you want to try that.
Unless you can clearly prove that the company KNEW there was NO improper conduct, and fired you on false pretenses, you have no real grounds for suit. Or IF you could show it was directly related to your pregnancy, that would be a discrimination claim, but firing two of you pretty much rules that out.
Re: Time Sheet punch added
that's horrible -- you should pursue that in court -- I'm in San Francisco, but could associate someone down there. . . of if you want a local referral, look at www.celaweb.org -- a website of employment lawyers; you should be able to find someone in your area. Good luck, and try to stay positive :) the baby will be worth it.