[ScottGem]

I can give you two examples of times we "docked" pay for employees and both were legal.

1. Owner reduced her pay to minimum wage

I think that is the key to what made this legal. If, instead, the owner took an amount from each pay check, that would not have been legal.

2. That 40 minutes was removed from her timeclock and she lost her attendance bonus.

This is perfectly legal

But it would not be legal to dock an employee's pay simply for carrying a cell phone. On the other hand, if it was company policy against carrying them, the employee could be fired.

[excon]

Hello E:

In both instances you mention, NO money was taken from people who earned it, and lost it for committing an offense.

In the first instance, in an at will state, the employer can adjust the wage of any employee at anytime for any reason. That ISN'T taking money that was already earned.. It's a sneaky way to get paid back, and I would never have put up with it... Certainly, managers cannot be held liable for the losses of the company. I'm NOT sure that this person would have lost a lawsuit if they had filed...

In the second instance, the employee never earned the money. In fact, HE'S the cheater and he got caught.

excon

[smoothy]

They didn't EARN that money yapping on the Cell phone... Falsifying timesheet stating they were actually working when they weren't.

If they were OFF the time clock... I'd buy that argument. Not when they are on it however.

You aren't entitled under any law to use employers time conducting personal business.

Be it a cell phone... surfing porn sites on the office computer, buying stuff on eBay during business hours. Those are all fireable offences, people have been fired, and many times HAVE been docked.

Just because some employers don't make a big stink... doesn't make it a right or an entitlement.

[excon]

Hello again, smoothy:

I think you missed something... In Emland's example, the first person made a management decision he was told not to make, and the second guy simply lied about his time... None of these people were yapping on the phone...

excon

[smoothy]

Hello again, smoothy:

I think you missed something... In Emland's example, the first person made a management decision he was told not to make, and the second guy simply lied about his time... None of these people were yapping on the phone...

excon

I saw Emlands thread... hate to tell you... that happens ALL the time in the business world. Managers have a lot to answer for... more than the average peon does. Many are not all that well paid either. I knew a guy that was a Store Manager of a busy Eat and Park... he made less than 1/2 what I make and he worked double the hours. He now works in the corporate office, same pay, fewer hours. Not only can you get docked... they can fire you as manager for nearly any reason... even sales dropping off, if it was your fault or not. You know what they say about thankless jobs.

The OP Yapping on the phone on company time, IS lying about his time. Because he has to clock out to do that... and if he yapps on the phone while NOT clocked out... then he's lying about working, and they are making such a stink about it... its obvious they do it more than once or twice a day. And being so close to my restaurant owning friends... I know the crap they deal with... people that show up when they feel like it, some when they do show up spend all their time on the cell phone if they were allowed to.

And all of them have in fact docked... and fired people for doing that. There are plenty of people looking for work... that will work, why deal with people that expect to be paid while they yap with their friends.

And the Unemployment rate HERE is less than 1/2 what it is many places, and a 1/4 what it is some places and they still can do it and find people easily. There is no place in PA that has unemployment rates so low the low wage warm bodies dictate business policy.

I'm a native Pennsylvanian... I know the work Dynamic all to well around there. I'm not that far physically... or detached as I have a large number of relatives there, and friends, and I am there frequently enough. Even when times were great... jobs weren't exactly plentiful.

I'm surprised the OP seems willing to risk his job over such an issue. And working in a restaurant... I really doubt he could pay a lawyer to make an issue of it.

And as a point of note... I DID work in a restaurant for a summer when I was in College. I know its not easy work, or in most cases very well paid either.

[ScottGem]

I think this discussion has run its course. Lets wait to see if the OP returns before we continue this.