Legal Question in Employment Law in California

I work for a union and our manual states that our employer must notify us of time card infractions within a week of violation. On July 23 my supervisors called me into their office and said I did not swipe out on July 8. When I did my time record sheets for that pay period, nothing appeared amiss. When I told them this, they said that's because they "covered" me, by editing it. They said they did it to help me, so HR wouldn't fire me and that HR doesn't know this, but I should resign.

I know I swiped out, and furthermore a witness came forward to claim I was there. They told me, they would give me two or three weeks to resign, so far I have done nothing, because I feel like I'm being bullied. I have no intention of resigning, but next week I start my annual leave that I requested a year ago.

This situation has left me in quite a depression, I can't sleep,eat,etc. if they altered it, as they claim, as it stands now, no infraction exists. I know I swiped, I have a witness, I haven't offered up any resignation. However I'm afraid that during my annual leave, they will let me go. My union steward has not gotten back to me. My friends/family believe I should go on FMLA leave, but I'm afraid to do anything. Were they allowed to alter my records in this sort of manner and then wait this long to tell me? The time clock in question has had similar issues before with other employees.

Thanks for your consideration

Asked on 7/29/13, 7:13 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
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There is no benefit to you from resigning. They don't want to have to pay you unemployment. There is nothing you can do about them firing you if that is what they are intent on doing, but if you resign they don't have to pay you unemployment.

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7/29/13, 2:17 pm

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