Hi,
I was recently terminated in New York for “timesheet falsification.” The company’s reasoning is that my computer/device activity logs didn’t always match my reported hours. However, I consistently produced client work (PDFs, reports, materials) during those times — I just wasn’t always logged into the system while working offline.
I immediately appealed through HR/Employee Relations, but I’m trying to understand the legal side:
• Is it lawful for a company to define “work” as only time spent logged into a device, even if there’s documented output?
• Does NY labor law or federal law (FLSA) require employers to consider actual work performed, not just device logs?
• Could this fall under wrongful termination if there was no written policy or training that device activity = proof of work?
I’m not asking for representation here, just trying to figure out whether this is strictly an internal HR matter or if there are legal grounds I should be aware of.
Location: New York, USA
Thanks.
Comments
Assuming that you were an at will employee, it is unlikely you have any claim for wrongful termination.
Unless they are using “falsification” as pretext for firing you because of your membership in a protected class or for taking a protected action, this is not wrongful termination.
You might have a chance at claiming unemployment, but it’s not likely you can force them to continue employing you.
>Is it lawsuit for a company to define “work” as only time doesn’t logged into a device
In the context of performance evaluation? Yes. They couldn’t refuse to pay you these hours. But they can evaluate them as they do.
>Does NY labor law or federal law (FLSA)
See 1.
>Could this fall under wrongful termination
No. They didn’t need a policy that they’d fire you for slacking. And their rationale is good enough in the absence of some other factor. If you filed a regulatory complaint yesterday or announced your pregnancy yesterday this might be more complex.
How did you produce the client work without your company computer?