Do you have an hourly employee who seems to be getting a tremendous amount of work done? Make sure she isn’t skipping breaks.
Recent case: When Linda-Mae Mellon’s workload increased, she simply started skipping breaks and worked extra hours. Then her supervisors began checking her time records and told her she had to take her breaks. She got angry and was fired after the conversation deteriorated into a shouting match.
Mellon sued, alleging her employer forced her to falsify time records.
The court dismissed the case, reasoning she had been fired for failing to record her time accurately without her company’s knowledge. Had the employer ignored the warning signs and allowed her to keep working without pay, she might have won. (Mellon v. Hospice Preferred Choice, No. 09-932, DC MN, 2011)