Falsifying employee timesheets is punishable both criminally and civilly

Oftentimes companies require employees to punch in and out on electronic time clocks, however, many companies do not have that hardware. Some employers simply rely on a self-reporting system, whereby employees keep track of their own time on timesheets. Since this type of system depends on an employee’s accuracy and honesty, it is not always a wise business decision on an employer’s part. It may be tempting for some employees to report incorrect times on their timesheets in an effort to receive pay for more hours than they actually worked, or even to avoid reprimand for showing up late to work.

Employers may be able to curtail this problem if, at the onset of employment, they clearly explain the penalties for misreporting hours on timesheets. This may be done in an employee handbook or even in a separate document that employees must sign.

Falsifying timesheets may result in not only termination of employment and perhaps civil liability, but also criminal charges. In Massachusetts, obtaining property by false pretenses with intent to defraud constitutes larceny, which carries a minimum penalty of one year imprisonment and $300 in fines. An employee may be criminally liable for larceny by obtaining pay for hours which he or she did not work, and thereby defrauding an employer.

To avoid financial loss and perhaps even the hassle of a criminal trial, employers should clearly set forth a company policy regarding dishonesty in reporting hours worked. Moreover, as a deterrent, the policy should inform workers of potential civil and criminal liability for falsifying timesheets.

Additionally, and employer should not threaten to take criminal action against an employee unless he actually intends to do so and follows through. The more likely action would termination, and if blatant enough, possible civil suit.

Comments

[Lane]

My partner has already worked his 40 hours. The work week for his company is 12:01 Saturday to 12:00am Sunday. He has been ordered to drive in the company owned work van 6 hours to his next job. He will stay in a hotel for the night and report to work 7am Monday morning. His company has "instructed" him to fill out his time sheet reflecting travel time starting at 12:01a Monday. They stated that they can not afford to pay him overtime and that travel time was not included in the bid for this assignment. His employee handbook does not contain a section on travel time and the company has been inconsistent on travel time reimbursement. Falsifying time sheets is "prohibited and grounds for termination" as stated in his employee handbook. He can not refuse to work or he will be terminated. The one option, which may also be illegal, it to actually start driving at 12:01 am. I don't think my partner should be required to drive 7-8 hours (500 miles) arriving directly to the work site to to perform dangerous electrical work for 8+ hours.

[Jessica Jamison]

My colleague was told he falsified the timesheet because he advised another colleague to make sure his time was completed. My colleague never touched the timesheet and someone else signed the timesheet. He was terminated and because he was told that he falsified the timesheet, that he never signed or was able to review. Does he have any legal action against the company?

[Bacon Wilson Law]

Jessica. Thank you for your inquiry. Unfortunately, we can't respond to individual legal questions here. Please contact attorney Kevin Maltby directly at [email protected] or 413.781.0560

[Mike Williams]

Can an employee take action against a boss or coworker who has falsified their timesheet in KY?

[Bacon Wilson Law]

Mike, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected]

[Kyveetee]

I want to know who else is allowed to make changes in my time sheet?

[Bacon Wilson Law]

Thanks for your comment, Kyveetee. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or [email protected]