Employee claiming hours on her day off while working a full day elsewhere

[dodgylady23]

I manage one staff member. She’s casual and until recently another person (friend of hers) was signing her timesheets off.

For a number of reasons, not least of which being this employee is hopeless and has an attitude problem, I suspected something fishy with her timesheets so had them (rightfully) signed over to me.

She works four days with us and one day elsewhere. I had to insist multiple times that she add this regular day off to her calendar to indicate she was off. I’ve approved a few of her timesheets now, but just noticed she has claimed to have worked six hours for me on the day she works a full day elsewhere - her agreed day off from here.

Queried this with her only to have her get very defensive and claim she had urgent work to do here so managed to do both. She mentioned working on one thing (not at all urgent and a quick task) and “other bits and pieces”. She said she would send through evidence of her work if need be.

1. I didn’t authorise her to work on that day
2. This “urgent” work could have waited until the next day, or any number of days in the weeks ahead before it became urgent.
3. It’s impossible to work two jobs simultaneously.

AIBU to outright reject those additional hours and give her an award for biggest pisstaker of the year?

I really hope your boss has your back when he returns. Well don eon doing the right thing. All the employees who have to shoulder the extra work she is shirking will thank you. Too many companies turn a blind eye to people like this and the real losers are the conscientious workforce that end up doing more than their share to compensate

But forensic checking will determine that files were deleted and when and adverse inference would determine the deleted files proved the claimants version of events.

They are shagging and he can't sign off her timesheets because if ever that came out it would be clear favouritism/abuse of position/fraud.

That's my take, anyway.

You are so brave OP. Hang in there till your boss is back. Make sure you keep records; meeting minutes, keep emails etc.Storethose records safely.
Don’t go to meetings with this manager alone. Use email to clarify instructions from him.
When the shite hits the fan you do not want to be in the crossfire.

I think this too!

Write an email now - to this man and copy in your boss.

Hi John,

Just to run over what happened when you called me in to your office this morning.

You asked me to sign x's time sheets. I refused to do this, and told you that was because I believe her time sheets to be fraudulent. I also believe this is subject to an ongoing investigation. You stated it was a misunderstanding, and told me to sign the sheets. Again I refused.

Later today, you again called me into your office and told me to sign the sheets and I refused for the same reasons I had already given you. I asked you if you could sign them for her and you advised me you could not for (insert the spurious reason).

I'm not comfortable with what I have been asked to do and I'm concerned that my refusal will reflect on me as I have already raised these timesheets as an area requiring investigation and I understand this matter has not yet been concluded.

I suggested today that this issue should wait until bosses return to work next week and I trust you will not raise this with me in the interim".

Or similar.

You need a contemporaneous record of this. And I'd also be job hunting. Fuck this shower of shit.

Can you go to the 'higher up'? The one your boss said was aware of it all?

Good on you @dodgylady23 stand your ground x

My guess is she has some
sort of leverage over the bosses - I was in a similar situation years ago and flagged it higher and very little changed , turned out she had been shagging our very senior MD. I found another job and moved on - respect for seniors is super important to me at work

This thread reminds me of a civil case in Canada relating to 'time theft' where a WFH company accountant claimed she was owed wages after she was fired. However her employer, via the use of software on her computer, was able to prove that she actually owed the employer money as she hadn't done all the hours she had billed her employer for. The accountant lost her case.

HR needs to get involved asap as withholding pay (while investigations continue at least for the next week while boss is away) could result in additional drama. Might be worth looking into whistle-blower policy for your employer. Cover your back and send that email to douche senior colleague - wording suggested by PP is good - ccing in boss and that Leader who is across it all

Definitely a backstory here op. Good for you standing your ground

Depends if there IS an HR department - lots of smaller companies (mine for example) don't have one.

I agree with this. Just sign off the timesheets and send the brief email above.
You’ve raised your concerns and provided any evidence you have.
How they deal with it, if at all, sounds like it’s above your pay grade so don’t sweat it.

I’d follow up those discussions in writing

Wow, she's got something going on.

Either shagging the boss, they are in the fraud together, or blackmail.

I would absolutely get the meetings written down and send to everyone, the boss has her back, who's got yours?

In your earlier posts you mention she is a'hopeless employee', her contract runs out in March and that she calls in sick a lot as well as having logged evening and weekend hours when work is not that urgent.

Taking all that together it sounds like she could be working two part time jobs which in total require her to work 7 or 8 days per week. When the other place needs her in the office or to actually deliver something she calls in sick so she is fully available for them. She then works evening and weekends for your company to make up the time - she logged the strange hours correctly in case you cross reference with IT records.

No one can properly work two jobs and do well at both of them so she has been a hopeless employee in at least one of them. Perhaps she is now downsizing to just one job at your company (or perhaps the other contract ended / she was let go) so she is focused on getting her contract renewed which is why she needs your reporting of her to just disappear. Somehow she has convinced the deputy manager to help her shut it down. Once the contract is renewed she may revert back to her previous ways of being sick and working odd hours.

Do you have any influence on whether her contract is renewed? I would start mentioning her poor performance, sick record and odd hours logged as reasons not to renew. Or say the company could be more efficient without her as colleagues A and B could each take on some of what she is doing. Find a way to make her superfluous to requirements so at least she is gone and can't continue to rip off the company.

@dodgylady23 hold your nerve until your manager is back. Put in writing that you will not be party to fraud and will not be signing the timesheets.

In my company this is gross misconduct and grounds for instant dismissal.

I would also suggest informing the other company she works for that she has claimed hours for work for your company on the days she is supposedly working for them. I know that this may sounds brutal and “mean”. The other company will undoubtedly be paying her for the days she worked for them. If she has
slack in that day, I’m sure that they can fill it with additional work. It also makes it more difficult for her to prove that she has done authorised and productive work for your company on the day she is supposed to be working elsewhere

I wonder if the boss asked the deputy to get you to sign the timesheets off while he was on holiday so that he doesn't have to take it higher up. He might just want an easy life and to not look inept due to missing this issue a long time ago. I reckon neither of them want to sign it themselves as OP could raise it with someone higher up in the food chain and they would get in trouble. If OP signs it then there is no one that will take it higher (other than the boss or deputy if they want to put OP in the shit).

She’s either shagging your boss, or the person she went to higher up. Be careful who you badmouth her to, even though it’s justified.

I feel like you're way over -nvested in getting this contractor fired and it's fast becoming an issue threatening your own employment.

To put it bluntly, you're not as important as you think you are.

You've raised your concerns and effectively they've been dismissed. You can either accept that or keep making a fuss. I guarantee that making this your issue will end badly for you.

I don't even think there's anything particularly interesting going on like a relationship or the guy having an ulterior motive. People are generally not terrifically interesting. I honestly think he thinks you're being a dick. You have made it your mission to get rid of this contractor and that could well be the basis for a bullying claim.

I also think you’ve raised your concerns to your manager so what else can you do? What if your manager asked the deputy to ask you to sign off on the timesheets? Let’s hope your manager has your back when they come back from AL as this is all a lot of faff

I think the risk is that, presuming there were no witnesses to it, this man could deny that the conversation went the way it did. I'm afraid that as you are dealing with potentially unscrupulous people there are no guarantees, but you can do all possible to protect yourself.

I would keep your own comprehensive record of everything that has transpired, while it is fresh - your post above can be a basis for this but include any relevant detail such as any direct quotes. Were there any witnesses? even anyone who saw you go into the office, at what time and how long you were there? If so keep a note of this.

I suggest that you write to your boss and cc somebody higher up if possible (perhaps someone your boss mentioned was investigating the matter) and perhaps someone senior within HR. You report what happened in full and give initial details. Even if your boss is on holiday he may well be picking up emails as many senior people do; if not then it is anyway on record that you raised the matter promptly.

I would suggest you do not agree to sign off the timesheet whatever the pressure on you, as you know it to be fraudulent. You can emphasise that when you write to your boss.

If there were no witnesses, don't be surprised if this man denies that this conversation went the way you know it did. I think he could well be compromised in some way with this employee. However the last I checked it is not 'bullying' to report fraudulent activity by an employee - so what else does she have?

Have a look at your company's policies especially re whistleblowing and grievances.

And keep all the evidence in a safe place. Be careful about sending items to a personal email because it may breach confidentiality which could rebound on you - so check any confidentiality policies and consider redacting 3rd party details and names if you do this.

It depends what your employment contract states. Many/most contracts state actual hours of work eg 9am-5:30 pm, Monday to Friday. This means that the employee is contractually obliged to be available for, and to devote themselves exclusively to, working for the company during these hours.

Of course some employers may in practice turn a blind eye if work gets done - but at least technically it is fraudulent to not be working during contractual working hours.