Legal Question in Employment Law in Virginia
I was discharged from a company for falsification of time and leaving without proper authorization...I arrived to work clocking in at 7:30. I left the company taking an extended lunch (I�m a salaried employee) to purchase supplies for a volunteer employee luncheon then returned to work. Approximately 1hr was spent. At the end of my shift i clocked out at 6:00 and entered my time accordingly. Without realizing i didnt deduct the extra hr spent during lunch. One week later it was brought to my attention by management, that I was reported leaving and my time didn�t reflect the hours gone. My intent was to subtract that one hr, but I entered 9.5hrs in lieu of 8.5hrs (it had to be a typo). Blindsided and confused, I told them "it had to be a mistake" without warning, I was terminated. I have no track record of ever falsifying time, I had no warnings. I understand the Employment at-will laws, but, is it possible that the company could have perhaps violated a law or something? My time could have been corrected; it�s a common mistake anyone could make.
People have been fired for falsification of time and brought back. Is there a "precedent" i could refer to? The term falsify in short means to deliberately "alter or deceive" i didn�t falsify anything. Could i possibly have a defamation of character suit? Employees told me on the following day of my termination, that they had immediate staff meetings and management was telling co-workers that i was let go for mischarging/falsification not knowing all the mitigating details. My reputation with the company has been damaged and my name slandered. My tenure with the company was 6yrs, I was an Advance Apprentice graduate w/academic honors, and a valuable employee. The company even wrote to Virginia Employment Commission that I falsified my time, isn�t that libel? I worked all of my hours, unfortunately, didnt deduct the 1hr . Please Help Me!!
1 Answer from Attorneys
You could certainly apply for unemployment benefits, contesting the company's claim that you were terminated "for cause".
Beyond that, however, I would say that unless you were covered by
a contract or collective bargaining type of agreement, you are basically without a remedy for the situation described, including(in my opinion) a viable basis to sue your former employer for defamation under applicable Virginia law.
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