This letter informs you [Write the person name] from [Write the name of the department or management]. Wihtout time theft laws in the united states, employers should have clear policies in place. Dont discuss personalities or make comparisons. Each one will have its own policies for written warnings. The terminated employee should understand the policy thats being cited: their termination should not come as a surprise. However, these extra long lunches and extended breaks can really catch up with you. Speak up if you notice someone committing time theft, and make sure to follow your companys policies on time reporting. As an employee, your foremost duty is to show honesty towards your working hours without doing any corruption. The employee could be acquitted, meaning you get nothing back and you also have to pay high attorney fees. Involve neutral third parties or witnesses in the investigation. Employees enter their start and end times by themselves, so its easier to round hours up or even add more hours to get overtime pay. Make sure youre compensating for missed time by using benefit time (e.g. This letter will be placed in your personnel employment file. It neednt be lengthy or detailed. Pay attention to suspicious behaviors and take action in a timely manner. It's only considered a wrongful termination if the employer doesn't provide notice that the law requires or the employee is fired for illegal reasons. As you are aware, we have a zero-tolerance policy for theft in the company and weve found unauthorized company property in your possession. And you dont want to be that boss who observes every single movement of your employees. Time worked is all the time actually spent on the job performing assigned duties. Be careful if youre hearing too much of I forgot/lost my swipe card, or the time clock didnt take my swipe card. Your employees are stealing from you? There are no federal laws requiring a meal or rest break. 2002-2023 LawDepot (Sequiter Inc.). John, today will be your last day at XYZ Company. One employee only needs to steal a few minutes each shift and those minutes can add up to hours over time. According to theFair Labor Standards Act (FLSA), if you dont pay an employee for the hours worked, they can file a lawsuit against you for 2 times their wages, including legal fees. Knowing exactly what youre going to cover can help a difficult meeting progress smoothly and professionally. 15 or 30 minutes might not be a big number, but it adds up over time. I [Write your name] the [Write your designation] of [Write the name of the company or the organization] would like to warn you regarding your long break vacation. If your organization uses direct deposit or pays only at pre-arranged intervals, let the staff member know when the payment will be made. Error logging in. Its hard to backtrack and spot discrepancies in manual timesheets, especially if you manage a larger team. Not consenting or withdrawing consent, may adversely affect certain features and functions. Dear Mr. Jack, It is my duty to inform you that from today, i.e. The amount of time an Employee Warning Letter stays on an employee's file varies from company to company. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Better to remove the person who is causing a problem quickly and effectively. Time theft can take many forms; Employees may show up late to work, leave early, take long breaks, do personal work while on the clock, or even log time for hours they never worked. If management doesnt do anything to resolve this problem, it may affect the morale and behaviors of other employees. It has come to our attention that you were writing down the wrong start and end time of your worked shift on [Date] at [Time]. Keep the personal time minimal. Comments like This is really hard for me not only provides no comfort to the employee, but implies the situation is as bad for you as it is for them. Now that 10-15 minutes of timesheet padding becomes a serious issue. Simply name the violation as the reason for dismissal and include the effective date. The Employee's signature only acknowledges that the Employee has received this Letter and that the Employee and the company management have discussed the content of this Letter including the specific plans for improvement and the consequences of future infractions. The severity of theft should also be evaluated. Time theft happens when an employee gets paid for the hours they didnt work. Adding 10-15 minutes to five shifts for 52 weeks equals 43.3-65 hours per year of compensated but unearned time. I have been seeing this many times that unnecessary leaves are been taken from your work. Unauthorized socializing and goofing offare forms of time theft. If youre letting the employee go for reasons the business or employee couldnt control feel free to sympathize briefly. This is when a how to fire someone script can be helpful. Don't speculate, and don't ramble and chat about things that aren't directly related to the pressing topic your coworker's illicit theft from your company. Twenty minutes per day equates to almost two hours per week and nearly seven hours per month of time that youre stealing from the company. In the absence of accurate timekeeping records, the Department of Labor will tend to side with the employee. These are all really important questions to ask when the topic of time theft in the workplace surfaces. An employer shouldnt make baseless claims. The employee will likely have questions, and its a good idea to answer 1 or 2. To provide the best experiences, we use technologies like cookies to store and/or access device information. M - F 8:00 AM - 6:00 PM EST However, its not difficult to prevent time theft from happening. 7 Employee Handbook Examples You Should Steal From An employee handbook can be crucial in building a positive workplace culture and employee loyalty, but theyre not easy to write. About Us | Privacy Policy | DisclaimerLawDepot is not a law firm and cannot provide legal advice.Use of this site is subject to our Terms of Use and Editorial Policy. This becomes a real issue when those 10-15 minutes get compounded over the course of a year. Its best to take preventive action before fraudulent behaviors actually occur in your business. Stealing time at work may be caused by employees taking longer breaks than are allowed in the break time policy. If they work on I [Write your name] the [Write your designation] of [Write the name of the company or the organization] would like to warn you regarding your long break vacation. Required fields are marked *. You need to minimize personal time, unless there is a true emergency. As with all difficult employee interactions, the setting should be private and your tone should be professional and courteous. by Michael Roennevig. For example, Does shift starts from 8 am to 12 pm. Employers must take steps to prevent time theft by providing proper training and supervision, installing time clocks, monitoring schedules, employee clocks, an attendance system or attendance software, using time clock software, mobile apps, and implementing disciplinary policies. For the termination meeting, have a host of materials at the ready. To be respectful and professional, giving the Employee Warning Letter through an in-person meeting is often best. Weve provided ongoing warnings about getting to work on time and you were notified continued tardiness would lead to your dismissal. I hereby would like to inform that if you are found stealing anything from the company, the company will dismiss you without prior notice. Then, make sure to be mindful of time when clocking in and out or taking breaks. That can spread within a company to the point where employees arent motivated or engaged. Comment below and let us know! Let them know your decision is final and move on with the rest of the meeting. Sample scripts: Termination for cause John, today will be your last day at XYZ Company. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Doing so will help you maintain a good work ethic, protect your job security, and keep your employer from taking action against time theft. Using paid sick time, vacation hours, or personal time improperly is abusing the paid leave your company offers. But I am also inundated after work hours from my small business owner via email, Slack, and text. Its unfair to steal timefrom the company because you want to take an extra long lunch without permission. WebEmployment & Human Resources forms. Have their manager bring them to HR or collect them without warning. This is a warning letter to you so take it very seriously for taking unnecessary taking long leaves. Be careful if you deduct pay or refuse to pay an employee who committed time fraud. I am the founder of Burban Branding and Media, and a self-taught marketer with 10 years of experience. If you find yourself stealing time at work, its important to take steps to change your behavior. Time theft is a serious issue and can result in disciplinary action by the company. Workest is here to empower small business with news, information, trends, and community. The FLSA only requires that non-exempt employees be paid at one and one-half times their regular rate of pay for all hours worked in excess of 40 in a standard work week. Monitoring employee attendance is necessary to help you spot time theft early. Typically these meetings last around 20 minutes. The goal is to get through the meeting professionally and with as little fallout as possible. The non-smokers repeatedly complain about the fact that the smokers in the group typically take several five-minute breaks here and there, but they only get one or two 10-15 minutes breaks per day. There should be a documented history of progressive discipline with regard to the issue. All the companies, institutions, and organizations use different methods for utilizing a timecard. All Rights Reserved. As permitted by state and federal wage and hour laws, exempt employees may experience deductions or docked pay in the following circumstances: Meal Breaks and Rest Periods: There are no federal laws requiring a meal or rest break. For many times now, you have taken unnecessary leaves from your work. If an employee is being separated due to poor performance or a policy violation, describe the infraction briefly. Its important to recognize time theft as a big issue in workplaces, as it not only affects employee morale but also costs employers time and money. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Its difficult for buddy punching to happen. All Rights Reserved. Nothing strikes fear in employees more than hearing at 9 am they have a meeting with HR at the end of the day. Im sorry is only appropriate if the company is laying off employees or downsizing. Dont round up your time, as its stealing time from the company. Many companies notify terminated workers that unless a policy violation was significant (theft, threatening others, violence) they will provide a neutral reference offering only dates of employment and title to future employers. Clearly state why they are being written up. But here are some common signs of employees not using their time for work: Sometimes, employees may take longer breaks than their standard break time. You should think about your own future as you are getting paid according to work and if you dont work properly, you might have to lose this job. Please take a moment to read through it. When we think about theft, we often think of a person stealing something tangible, like a car, authentic jewelry, or money in the form of cash. They should know its coming and have had a chance to stop it. Everyone needs some me time, especially when working long hours. Time theft can be one of those silent profit killers. It outlines your ability to continue any healthcare benefits you have (if applicable). It tells them that management doesnt value their efforts. This letter is also a proof that the employee was given many warnings before he was terminated from the job. The letter is being written to let you know that you have been found committing theft from the office. For example, Don works at 9 am, but hes running late. Please take a moment to read through it. I [Write your name] the [Write your designation] of the [Write the name of the company or the organization] would like to give you a warning for the long break vacation you have taken from yours. Exception time is considered time (in full day increments) in which the exempt/salaried employee did not engage in any work on behalf of the employer. I have been noticing for a long time that you often take a long break from your work which is unacceptable. Be mindful of time when youre clocking in and out. They dont want to be the bearer of bad news. Separating an employee is never easy for the worker or the HR staff member. WebThere are three goals to keep in mind when a supervisor writes a disciplinary letter against an employee: First, mention in detail the employees insubordinate conduct. Smoke breaks also cause non-smokers to feel unfair because they dont have a valid reason to take breaks. Misrepresenting their time worked Clocking in early and They can turn to friends and family for sympathy thats not your role. How to write an employee warning letter Letter Sample: Subject: Admonition for Stealing Mr. MS [ Name Here] The letter is being written to let you know that you have been found committing theft from the office. It only makes the bad news worse when it comes in the form of employment termination. Join the Workest community to ask questions in our community, bookmark articles, and receive our weekly email, People Operations Checklist for New Hire Onboarding. Make sure that you are not performing these acts of time theft. However, calling out sick to avoid a big meeting at work or because you went to a concert the night before and want to sleep in really is time theft. Be straightforward and mention that the worker has been caught falsifying the timecard. James, today will be your last day at XYZ Company. We have received too many complaints against you for taking these unnecessary long leaves due to which others are not able take who actually are in need to take the leaves. Not having an employee worry all day is the most professional (and kindest) way to manage a difficult situation. The process of firing a team member is a difficult conversation but you can conduct termination meetings quickly and professionally if you plan ahead. Try to resolve the conflict on your own. Therefore it will benefit employers to maintain a policy prohibiting Buddy Punching. If the worker was covered under your health plans, move next to inform them of their rights under COBRA, and provide the needed paperwork. Are you guilty of committing time theft? For most companies, a formalletter of termination is presented to the employee. If you face any difficulties in your work or in your project, do ask your team lead or any of your teammates and try to overcome them. Here is your COBRA notification. If you are providing a severance package, do so in writing. Shareyourthoughtsabout this topic in the comments! Personal and/or sick time accrued but not used is generally not earned or payable on separation, unless there are paid sick leave laws mandating payment where you do business. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It outlines your ability to continue any healthcare benefits you have (if Keep Things Clear. For example, if the employee is receiving a warning for consistently arriving late to work, include specific dates and times the infractions occurred in the letter.You can easily create an Employee Warning Letter by filling out LawDepot's questionnaire. Scheduling a meeting well in advance, particularly if youre not planning to tell the employee what will be discussed, is unnecessarily unpleasant. If you are an employer or employee, make sure to do your part to avoid employee time theft. Spotting employee time theft can be challenging if employees try to be sneaky. Be careful when monitoring your employees, though. In her leisure time, Rachael enjoys traveling with her husband, finding the next Netflix series to binge, and taking too many photos of her dogs Jax and Kai. This makes it a lot easier for employees to stay punctual as realize they will be held accountable for their actions. Every company is different and we recognize that we need to make our software flexible so that it can work for all In The notice must include: A company property checklist is critically important to ensure the employee returns all materials before they leave the premises. Can employers sue employees who committed time theft? How do I write an Employee Warning Letter? This letter is to inform [mention the person name] from [mention the name of the department or management]. This document preview is formatted to fit your mobile device. Prepare in advance by knowing what youre going to say, what you need to cover, and how youre going to conduct the process. WebFor example, employees will take excessive personal time by taking many smoke breaks, texting during their shift, or making phone calls to finish personal chores. by Dana Hall-Ragland | Mar 27, 2017 | Time Tracking. We have received many complaints against you for taking such unnecessary long leaves due to which other workers who are in need to take leaves are not able to take it. The script can serve as a checklist. Communication between you and LawDepot is protected by our Privacy Policy and not by attorney-client privilege. They try to steal hours here and there to get the pay they want. And some employees commit time theft because they can. Dont forget to tell your employees that its OK to take breaks and have some minutes for themselves, as long as they dont plan to commit time theft. Its not like theyre cheating the system. For example, the standard lunch break at Carls company is 1 hour, but he always takes a 2-hour lunch break and still records a 1-hour break in his timesheet. Notify me of follow-up comments by email. People will notice if youre gone longer than your authorized thirty minute or sixty minute lunch break. We have received many complaints against you for taking unnecessary long leaves due to which others who are in need to take leaves are not able to take. Records of hours worked can be tracked using a variety of methods, including handwritten time cards, time clocks, or Web clocks, or through the use of terminals that can read barcodes on badges, fingerprints and handprints, magnetic strips on badges, or information typed into a keypad. WebHeres our employee furlough letter sample: Dear [ employee_name ], Im sorry to inform you that your position will be put temporarily on furlough due to urgent business conditions, from [ date] to [ date ]. Include what happened, when it happened, and how many times its occurred. Dont engage in buddy punching or allow someone to clock you in and out if they are not supposed to be at work. 13 dc 2005, NOC Letter of Society for Issuance of Passport, Difference Between Experience Letter and Service Certificate. Try it for free . Thats why were breaking down the process for you and offering you 7 employee handbook examples. It outlines your ability to continue any healthcare benefits you have (if applicable). In the event they are separated with little or no notice, youll have the information ready. LawDepot is not a law firm and cannot provide legal advice. As per the company policy, you are immediately fired, effective today. This is the first occurrence of this type of infraction. Since the main purpose of writing this letter is to not let the theft happen again, the warning letter should include the consequences of theft on the career of the employee. Workest is powered by Zenefits. This becomes a productivity and a compensation issue when employees are being compensated for work they are not actually doing. There may be months or even years that every penny counts. You should think about your future as you are getting paid according to your work and if this will continue or you dont work properly, you might have to lose this job. This happens when employees browse the Internet for irrelevant purposes such as online shopping, scrolling through social media, playing games, reading newspapers, working on their side hustles, etc. If you do not pay for meal or rest periods, but expect your employees to take these breaks, make sure you are using a timekeeping system that allows your employees to easily clock in and out to avoid mistakes in reporting hours worked. Sometimes, the company hires such employees that are unaware of moral values and ethics. There are clock-in reminders before their shifts. Tell her that you saw your coworker stealing money from a purse at work, or whatever exact instance you saw. all while getting paid. He will guide you with the whole procedure. When an employee collects a paycheck for a forty-hour workweek, but actually only truly worked thirty of those forty hours, said employee has committed time theft. Now that 10-15 minutes of timesheet padding becomes a serious issue. Time theft violates these principles and will not be tolerated. If you believe the infraction warrants an immediate meeting with the employee, include who will act as the meeting coordinator. So, in this situation, neither the employee nor the employer knows whether the pay is correct. Create your free Employee Warning Letter today. For HR departments, new managers, or business owners who dont fire employees routinely, it can be helpful to have a employee termination script at hand. If you have any questions later, please feel free to contact me. I feel like I've done all I can do by talking to the manager about it, but it's getting out of hand. This letter informs you that [Write the persons name] from the [Write the name of the department or management]. Hopefully, well be able to restore your employment after this critical time. Your use of this site is subject to our Terms of Use and Editorial Policy. The formatting will change when printed or viewed on a desktop computer. The person who discovered the theft is not the one to investigate. Subject: Letter of Warning for Taking Long Breaks. Consent to Work Overtime: The FLSA does not require notice or consent from employees when scheduling overtime hours. This is why it is necessary to terminate toxic employees. Something went wrong. You might notice employee theft looking like staff members taking longer breaks or business owners stepping away from a job site during the day. WebHeres a template you can adapt to legally crack down on time theft at your company. If an employer doesnt pay attention to the details, it can cost them dearly. Some companies prepare a final paycheck for employees, provided at the termination meeting, others stick to standard pay cycles. Prepare and review the materials in advance so youre ready for the discussion. Employees who are found guilty of time theft may face disciplinary action or even termination from their job if they are found guilty.