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Employer overpaid for under worked hours, now claims employee has made fraud and theft
Employer has paid full salary on 30th June, later inquired indirectly thru line manager about short working hours on 25th June as clock card not showing in system entry of full shift, employee called to HR guy on 7th July saying has worked full shift and evidence can be the shift report mentioned name, not possible to have worked less provided shift reports and confronted that clock card show no records after 9.30, employee said this maybe an issue and no idea why it happened maybe some technical problems. On 9th July, employee Line manager sits and conducts an investigation meeting inquiry and asking what happened on 25th, why no records show attendance full shift, by this time the employee has recalled from calendar and even from family and said that he left early due to an emergency issue with daughter abruptly without information to colleagues and Line manager but wanted to inform later or maybe put half day holiday request as was already entitled to and also making sure before leaving the job that all adequate safety and staff is available to continue with shift works. But then later couldn't remember to inform as was that his last day of shift and got busy with family daughter's vaccination issues, even when inquired later after passage of 8 days, couldn't recall about the day in question due to continued night shifts and mental stress for personal routine. Later when sat down with line manager on 9th July, only came to know this and issue now and next day off shift day received suspension letter alleging fraud and theft and then 3 days later received disciplinary invite meeting about same allegations of fraudt theft, falsified records, unauthorized absence, leaving site unattended without safety etc.
Why should be the course of action here, as the employee accepts just one mistake of not informing the manager and also agreed that is was only due to extra stress of covering over workload and working extra hours and without any team leader since some time which has led to make this problems evident now.
The disciplinary meeting attended was one side and biased as focus was on allegations and charges but not accepting the facts laid by employee about the factors which has led to this and also being one of only instance since 3 years of employment, no precedent previously.
Another issue employee thinks that even if the fraud theft allegations are based on getting overpaid and less hours worked, is thru payroll, then why not was it already deducted at source by HR then later asking to employee to justify why you have got paid extra when you have not worked as seen by clock card records. Falsify records can only be done by who has access not the employee. So is it that the HR has made payroll without taking due note of employee working time and has mistakenly paid extra the later asking for evidence to support that.
Salary received 30th June.
Follow the sequence of events and inquiries
25th June short hours
30th June full salary paid
3rd July and 6th July inquired by line manager not HR,
Employee checks himself and comes back to line manager on 9th described the situation with facts and apologies as had no access to check or even a trigger if may have seen any deductions in salary would have asked.
Advice needed, as the onus is being thrown at employee to prove innocence and being bias and discrimination pressure for termination due to gross misconduct. Although it should have been a case of only miscommunication and negligence.
Employer has paid full salary on 30th June, later inquired indirectly thru line manager about short working hours on 25th June as clock card not showing in system entry of full shift, employee called to HR guy on 7th July saying has worked full shift and evidence can be the shift report mentioned name, not possible to have worked less provided shift reports and confronted that clock card show no records after 9.30, employee said this maybe an issue and no idea why it happened maybe some technical problems. On 9th July, employee Line manager sits and conducts an investigation meeting inquiry and asking what happened on 25th, why no records show attendance full shift, by this time the employee has recalled from calendar and even from family and said that he left early due to an emergency issue with daughter abruptly without information to colleagues and Line manager but wanted to inform later or maybe put half day holiday request as was already entitled to and also making sure before leaving the job that all adequate safety and staff is available to continue with shift works. But then later couldn't remember to inform as was that his last day of shift and got busy with family daughter's vaccination issues, even when inquired later after passage of 8 days, couldn't recall about the day in question due to continued night shifts and mental stress for personal routine. Later when sat down with line manager on 9th July, only came to know this and issue now and next day off shift day received suspension letter alleging fraud and theft and then 3 days later received disciplinary invite meeting about same allegations of fraudt theft, falsified records, unauthorized absence, leaving site unattended without safety etc.
Why should be the course of action here, as the employee accepts just one mistake of not informing the manager and also agreed that is was only due to extra stress of covering over workload and working extra hours and without any team leader since some time which has led to make this problems evident now.
The disciplinary meeting attended was one side and biased as focus was on allegations and charges but not accepting the facts laid by employee about the factors which has led to this and also being one of only instance since 3 years of employment, no precedent previously.
Another issue employee thinks that even if the fraud theft allegations are based on getting overpaid and less hours worked, is thru payroll, then why not was it already deducted at source by HR then later asking to employee to justify why you have got paid extra when you have not worked as seen by clock card records. Falsify records can only be done by who has access not the employee. So is it that the HR has made payroll without taking due note of employee working time and has mistakenly paid extra the later asking for evidence to support that.
Salary received 30th June.
Follow the sequence of events and inquiries
25th June short hours
30th June full salary paid
3rd July and 6th July inquired by line manager not HR,
Employee checks himself and comes back to line manager on 9th described the situation with facts and apologies as had no access to check or even a trigger if may have seen any deductions in salary would have asked.
Advice needed, as the onus is being thrown at employee to prove innocence and being bias and discrimination pressure for termination due to gross misconduct. Although it should have been a case of only miscommunication and negligence.
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