Gilmer, TX asked in Employment Discrimination and Employment Law for Texas

Q: Is it legal for my HR department to override my time clock for the day at work to make it seem as if I never arrived ?

I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building to at least clock out , which is fine I did not care . Opening the app to look at my timecard after I had gotten home I noticed the HR department had seemingly erased my punch in for that morning and made it look like I had an "unexcused " absence. Just to avoid paying me for the one hour of work I was there for considering it was the start to a new pay week.

1 Lawyer Answer

A: If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for the employer to erase your time record. You will have proof that you reported in the paperwork they gave, you be sure you keep it safe and make copies.

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