Legal Question in Employment Law in Minnesota

Employee timesheet fraud

I have an employee that has come in 30 minutes late (at least 3 times I can prove) in the last two weeks and when he turned in his time sheet, the employee claimed to have worked hours he was scheduled but did not actually work. For example: The employee claimed he started at 9:00 AM but did not show up until 9:30.

I have personally witnessed 1 instance and when I asked other employees if this had happened before, they claimed that this was not the first time he was late.

Can I legally do anything or just terminate the employee for fraud?

We do have security cameras that would prove when anyone comes into the building and I also have each employee sign their timesheet and write the time in/out prior to getting paid. This employee is a w-9 employee if this helps.

Personally, I'm not concerned about the lateness but I concerned about all the hours I'm paying for nothing. I am also concerned if I don't do anything others will follow.

Thank you in advance!


Asked on 7/30/07, 11:01 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Employee timesheet fraud

What does your employee manual say about termination procedures? Written warnings? Verbal warnings?

First, I would invest in a punchclock which timestamps the timesheet and in the meantime give your employee a "last chance" notice re: any discrepancies on the timesheet. If he is an "at will" employee you can fire him for no reason, but you would not want him to file UE claim.

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Answered on 7/31/07, 7:20 am


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