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The most common type of theft is wage theft
This is putting it lightly. By some estimates, it’s larger than every other form of theft combined. Literally over 51% of all theft.
It isn’t all as blatant as this, but it still happens. Timesheets getting subtlety adjusted/rounded in the employer’s favor. Not paying for breaks when they’re legally required to. Requiring employees to work through breaks, while still requiring them to clock out. Requiring employees to show up 15 minutes prior to their shift, to do a morning huddle before everyone clocks in. Mandating what employees can/can’t do during their breaks. Not properly paying for on-call time, or saying someone was only on-call when they should’ve been fully clocked in. Not paying overtime, or telling non-exempt employees that they’re exempt from OT.
The list goes on and on. When people complain about a lack of prosecution for white-collar crime, this is exactly what they’re referring to. Steal a $2 candy bar from a store, and you potentially face criminal prosecution. That same store codifies a procedure that steals $2 from every employee every time they clock in, netting the company millions of dollars throughout the course of the year? The company maybe gets a fine that is less than what it made via the theft, and the employees don’t even get back the full amount that they’re owed.
Many, many reasons why employers hate unions, right here. It’s not impossible for employers to commit wage theft with a union but it’s a hell of a lot more difficult if the union is keeping an eye on things.
My first job was as a seasonal delivery helper for UPS during the holidays. We would work crazy days, 8 am to 8 pm usually. We wouldn’t even stop for lunch, I would take bites of food I had brought between stops. I figured that was just the way things were, never had a job before that.
When I saw my paycheck, I noticed they were taking out time for both lunch breaks and other breaks that were required by law. I never took a single one of those breaks, because the driver I worked with didn’t. I felt powerless to complain, because I really needed a job, but looking back it pisses me off to no end. That was blatant theft of my time.
Yeah, it’s estimated that each individual loses anywhere from $200-$2000 per year to wage theft. It’s absolutely rampant.
The problem with making a legal case is that she doesn’t have proof she did actually work those hours, she would need to get coworkers involved as witnesses which they would most likely be wary of doing in case it affects their employment…maybe she has clients she can contact as they would have nothing to lose by giving a statement? Request any CCTV?
It might be a tricky one and it sucks big time, she needs to gtfo out of such a shitty job and maybe just cut her losses while bashing them on social media every chance she can get, the backlash might prompt a response from the company.
I left a job once because I had a timecard and proof in the system of when I worked but, the HR manager saw a truck like mine driving around town during the hours I was at work so she said I didn’t really work those hours. She even took a pictures of the 2013 4 door Dodge. Mine was a 98 single cab. They gave me 24hrs to “fix” my time card or they were going to fire me. So I quit on the spot and left my time card
Should have kept the pictures, let them fire you, then persued for wrongful termination
Was too angry. I’d spent 2 months fighting for my job because the Floor manager didn’t like me. (I was inventory control out of her department but, could correct her for making mistakes) after I quit the inventory went to shit. A lot of people from my department (Logistics) then walked out and the factory went out of business within a year. Glad I jumped from that sinking ship
Even if it was the exact model vehicle you have, that shit is mass produced. Hell, even if it was your exact vehicle, it could have been someone else driving it. When my wife and I had one car, I used to drop my wife off at work and take the car all the time.
You can sometimes get out of traffic camera tickets if they can’t prove you were the one driving, even though they have a picture of your license plate.
Lol! So this won’t get to OP, but if you’re ever in this position, call their bluff and submit something to the labour board.
Even if you don’t win, if this is a corporation the company is going to HATE the manager just for being put in that position.
Even if it’s privately owned, no owner wants to be put in that position.
They were doing some sketchy BS last week and I told her she needs to submit complaints to the labor board and the safety board. She doesn’t want to go through all that, which I understand but it lets them keep doing illegal stuff.
From what i understand it’s not a very involved process. Not like you have to go to court and all that. File a complaint, give your side, they investigate.
If the labor board finds wrongdoing, the worker could be rewarded 2-3x what the lost wages were, and the company gets put on shitlist somewhere.
I am far from an expert, but i do frequent workers rights spaces for what it’s worth (nearly nothing).
Maybe try telling her that she’ll be helping anyone else who is in her position or will be in her position in the future. She can help prevent them from victimizing someone else.
Situations like this are simple.
Employee: I haven’t been compensated properly
Employer: Usually some sort of bs.
Employee: I’ll let the labour board decide who is right.
It’s usually the end of it, as nobody want the headache. Because I work in construction the other go to is “should we call health and safety?” Puts an end to all shenanigans immediately.
I’ve seen Google maps data work. If turned on, would show hours there.
That would work. In either case, the best course of action is to start documenting the cases of wage theft, start looking for a new job, and then report the employer to the NLRB (in the US).
Usually they don’t even have to go far with collecting evidence as many employers that engage in wage theft are pretty brazen about it.
yeah, don’t sue, the capitalists’ government courts are, at best, a pacifier. ORGANIZE!
You can do both you know. Wage theft is illegal.
Suing can be difficult and risky and portracted, depending on the country there will hopefully be an actual government body for dealing with exactly this kind of thing that you can complain to and they’ll investigate. Most businesses will shit their pants if you tell them that they must pay you or you will lodge a complaint with such a body and you can call their bluff. If they don’t back down even then, then lodge the complaint as there’s nothing to lose. You could try suing after that too, if unsatisfied with the result, though I don’t know if the unsatisfactory outcome of the complaint could prejudice that.
In Australia, that entity would be the Fair work Ombudsman. Not sure what that might be in other countries. I believe they can issue fines and they’ll take people to court for you if they think they have reasonable enough chance of success.
If this is in America file complaints with the federal department of labor and your state equivalent. They take this kind of thing seriously.
