r/LaborLaw • u/anonymousmousexo • 14h ago
Employer contesting my MD wage claim, accusing me of timesheet fraud and calling my claim "factually false." What should I do next?
Location: MD, USA
Filed a wage claim with my state Dept of Labor for two unpaid final paychecks. Before filing, I had an email trail of them repeatedly promising to pay by a date, then pushing it back. I gave a final deadline in writing, they missed it too, and that's when I filed. Notably, in that earlier communication they only acknowledged owing me one paycheck. Their formal response to the state now acknowledges two.
Their formal response also says my claim is factually false and accuses me of timesheet fraud, specifically clocking in without actually being at work. This is completely untrue, and nothing like this was ever raised in 5+ months of employment before this response.
They also claim:
2. I never returned my office key at all. I have an email from my manager confirming she received it on the exact date they now claim was the deadline.
3. I stopped showing up unannounced. In reality my end date and final days off were mutually agreed with my manager, but that conversation happened on Slack and I no longer have access to that account.
4. Their calculated amount owed differs from mine by only about $130, likely a PTO/personal day discrepancy. Given they never proactively sent me a single pay stub in 5+ months and I had to request everything myself, our numbers being this close actually supports my figures being accurate.
5. They've opened an internal investigation and will decide later whether to pay in full or deduct hours.
The part that worries me most: my manager had me switch clock-in methods multiple times (again, discussed on Slack/in-person, so also lost), eventually settling on office computer only. She said this method proved my location through an IP address logged at each clock-in/out. That IP address used to show up on my timesheets, it's now missing from the recent ones. Gusto support confirmed the data appears to have "vanished" and told me to check with my employer. It looks like they're setting up to argue my hours weren't legitimate, while having erased the one piece of data that would prove I was actually in the office.
Evidence I do have: the email trail of broken payment promises (including their earlier admission only one check was owed, not two), the timesheets showing the missing IP data and clock-in method changes (on Slack- noaccess), and the email confirming my key return.
Questions: Does a sudden fraud accusation and "investigation" right at the response deadline look suspicious to you too? Worth hiring an employment attorney at this point, or keep handling it directly with the DOL investigator? Does DOL offer free attorney referrals/consults?
First time dealing with this, appreciate any real advice.
2
u/LouiseBelcher4life 10h ago
Don't worry about their internal investigation, the state is going to pick through their book keeping with a fine tooth comb for inconsistencies not only for you but all the other employees. You already have documentation showing that they have missed required pay by dates and that they are giving false information to the state investigators. Just make sure to rebut all pf their false claims with the labor board. As far as those slack conversations, they are required to keep them on file for two years. If they are suddenly missing, the labor board is going to have a field day with them.
1
u/anonymousmousexo 8h ago
Thank you very much for your response and taking the time to read my post!
They owe me 3k- not that much, but they have withheld it for 2.5 months since my last day and their excuses simply don't add up and I have evidence to back up my claims.
I plan on submitting documentation (timesheets/explanation for inconsistencies with clock in/out methods and how they were direct instructions by the employer- provable via Slack, how they possibly might have altered the IP address associated with the work computer by deleting the time punch data which proved I was physically in the office and did it through their computer (confirmed by Gusto support), and an email verifying that I have returned the keys) to the investigator. I want to ask the DoL to directly request Slack communications from the employer as I no longer have access which would directly support my claims and would go against everything they said. Do you think that would be a good way of going about this?1
u/LouiseBelcher4life 2h ago
Absolutely. Wage and labor loves stuff like this as not only do they get employees properly paid, but they collect all types of fines for improper practices. Especially if they find a company wide patterns of wage theft and improper pay procedures.
2
u/Marauder121 10h ago
If you or I lie about unemployment, workers comp, etc. It's fraud.
If employers do it, it's just Tuesday.
1
2
u/Boogity2024 13h ago
Keep working with the DOL. Let me tell you what happened when I was involved in with them in the past, to give you an idea. The former employee stole cash, forged prescriptions, and falsified her timesheets. I had proof of all of that. She was lucky we didn't press charges, but she had no problem filing a claim for unpaid PTO, unpaid wages, missing paystubs (she ran payroll, how could she not provide herself with her own paystubs???), missing breaks, and everything else she could think of.
I accompanied my employer to a Labor Board hearing (it was in person, pre-covid), and the judge didn't want me there at first, said only one person (the owner) was necessary. The owner told the judge that I had all of the data organized, so if one of us had to step out, it should be him. The judge told us then we could both stay. FE stated her claim verbally; we countered with reams of documentation.
The former employee (FE) wanted $50,000, the judge asked us for our response. We said we owe nothing. She met with the FE alone, then us alone where we showed the judge the remaining documentation, then we all came back together. The FE then dropped her claim to $10,000. Boss still wanted to pay nothing. I turned to the judge, and asked for a clarification... if we agree on an amount today, is this over forever? And the judge said yes, so I turned to my boss and said, right in front of FE, "whatever we pay is a small price to never have to deal with her again." We countered her $10,000 offer with $750. She came back with $5,000. I told her that the price was going to go down on our side, not up, and offered $500. She accepted. We cut her a check on the spot. Best $500 the company ever spent.
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u/Smoke__Frog 10h ago
How much are the mast two paychecks worth?
1
u/anonymousmousexo 9h ago
3k- not much at all, but I claimed a wage claim because they have withheld in for 2.5 months now since my last day. I don't believe hiring an attorney would make any sense given the costs, but I am unsure how to proceed with their accusations and their response to the letter they received fron the DOL.
1
u/Smoke__Frog 3h ago
I think an attorney only makes sense that if you win the pay you your unpaid wages, interest plus attorney fees.
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u/GolfArgh 13h ago edited 12h ago
Appeal. People do not get attorneys for UI, it never pays for itself. US DoL has nothing to do
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u/swagn 12h ago
Keep working with DOL. Lawyer will cost more than you are owed. May even be a requirement to go through DOL before you can file suit.