[IN] What records and evidence prove employer-directed unpaid work and support legal action for lost wages?

IN Employment

Legal Eagle

133,377 satisfied customers

View context

Solved

The short answer is you can prove this by showing that you worked outside your scheduled hours and were told not to record that time. Verbal instructions still count if you can back them up with records. Your emails, work logs, and witnesses already put you in a stronger position than you may realize.

That's the short answer.

Here is the long answer:

The longer answer is that hourly employees must be paid for all hours worked, including after-hours calls (IN Code § 22-2-5-1.1), emails, and emergency repairs, and asking you to leave time off a timecard can violate federal and state wage laws.

Emails from tenants, maintenance requests, and system alerts show the work happened and when. Your own notes tying those events to pay periods help establish unpaid wages. Indiana allows one-party consent recordings, so recordings of these instructions can be lawful evidence if done correctly.

Here is what you can do legally, step-by-step:

Save copies of emails, maintenance tickets, call logs, and laptop activity that show you worked outside scheduled hours.
If the instruction is repeated, you may legally record the conversation in Indiana as long as you are part of it.
File a wage complaint with the U.S. DOL at https://www.dol.gov/agencies/whd/contact/complaints and with the Indiana DOL at https://www.in.gov/dol/wage-and-hour/

As a bonus tip: organize everything into a simple timeline by pay period, which makes patterns of unpaid work easy for agencies to understand and act on.

Unpaid Wages Demand Letter

Create Document

Full Conversation

How do I prove that my employer has asked me to leave work off my timecard?

Lexi, Chatbot

I understand how concerning it can be to feel pressured by your employer regarding your timecard. Have you documented any instances where this request was made?

Not yet. What kind of documentation do I need to pursue a lawsuit?

Lexi, Chatbot

What type of employment do you have, and how long have you been with the company?

I am a full-time, hourly employee. I have worked at my current job for a little over a year.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your timecard issue.

I'll tell the employment lawyer everything. Go ahead and connect me.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Can you describe exactly how your employer communicated the request to leave time off your timecard, including whether it was verbal, by text, email, or through a supervisor, and when it happened?

There have been several examples of times I've done work on my laptop outside of my normal 40 hrs/week or been called in, and on multiple occasions, my manager asked me to leave that work off of my timecard verbally.

I would like to mention that I work in Indiana, where I believe it is legal to record conversations with one other person, and I am considering doing that for legal evidence.

Legal Eagle

Thanks for sharing that. It's good to know you're considering recording conversations, as Indiana does allow one-party consent for recordings.

Could you tell me if there are any witnesses or colleagues who might have heard your manager's request to leave work off your timecard?

Sometimes, my manager will ask me in front of my co-workers, and sometimes not.

I should mention that at my work, we are always notified of problems by email and respond via email, so there is some form of a paper trail I've been collecting to document all instances.

Legal Eagle

It's great that you're collecting emails as a paper trail. That can be very helpful.

Could you describe the type of work you've been doing outside your normal hours? This will help in understanding how it fits into your regular duties.

There are a few different things. I am a Facility Maintenance Technician, and my job is essentially to fix any problems with my company's buildings, to prevent potential problems, and to ensure the comfort and healthy working conditions of tenants in said buildings.

On a regular basis, I have been asked to check the temperatures and other operations of our heating and cooling machines outside of my regular hours, as well as communicate with tenants outside of my usual hours. I've been consistently asked to keep these tasks off my timecard.

On some occasions, a tenant has emailed facilities outside of my usual 40 hours and said a repair needs to be made, such as fixing a leaking pipe or electrical issue.

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

I guess I should simply ask what kinds of evidence I can obtain that would be considered "adequate" to pursue legal actions?

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

That's perfectly fine.

I just realized that I've forgotten to mention a complication with my timecard. Where I work, we don't officially clock in and out. Instead, we just write down our hours on our timecards before the end of the next week. I'm unsure if that prevents me from pursuing legal actions?

Legal Eagle

That's the short answer.

Here is the long answer:

Here is what you can do legally, step-by-step:

Save copies of emails, maintenance tickets, call logs, and laptop activity that show you worked outside scheduled hours.
If the instruction is repeated, you may legally record the conversation in Indiana as long as you are part of it.
File a wage complaint with the U.S. DOL at https://www.dol.gov/agencies/whd/contact/complaints and with the Indiana DOL at https://www.in.gov/dol/wage-and-hour/

As a bonus tip: organize everything into a simple timeline by pay period, which makes patterns of unpaid work easy for agencies to understand and act on.

Legal Eagle

Does that help clarify things? I want to make sure I didn’t leave anything out.

That is very informative and well written. I appreciate the effort.

I am concerned about something else that I should have mentioned earlier. Where I work, we don't officially clock in and out; we only write down our hours before the end of the next week. I don't know if that prevents me from pursuing legal actions if I needed to?

Legal Eagle

I hear you! That is a valid concern, and it does not prevent you from taking action. Employers are still legally required to track and pay all hours worked, even if the system relies on handwritten or self-reported time entries, and the lack of a formal clock often increases the employer’s responsibility, not yours.

You can still rely on emails, tenant requests, work logs, laptop activity, and witness statements to show the hours worked and that you were instructed to leave time off, which is sufficient under wage laws.

Thank you. There is one more concern I have.

On some occasions, my co-workers and I, or my manager, will be a few minutes late to work in the morning, or if we get all of our work done early on some Fridays, we may leave a few minutes early too. A handful of minutes at most. We would usually round off those few minutes.

So, if I were to work some extra minutes or hours one week but have rounded up a few minutes on a different week, would that ruin my case or severely weaken it?

Legal Eagle

I hear you! That concern is very common, and it does not ruin or severely weaken your situation. Small rounding of a few minutes that cuts both ways is generally treated differently from being directed to work off the clock for meaningful time, especially repeated after-hours work.

What matters most is whether there was a pattern of unpaid work at your employer’s direction, not minor time adjustments that were occasional and minimal.

Alright, that's reassuring. I appreciate it.

I suppose I have one more question: If I am unable to convince my manager to stop asking me to leave work off of my timecard and decide to pursue legal action against him or my company, then exactly what do you think I could do and accomplish?

I should mention my first instinct would be to collect the different forms of evidence we've discussed and then seek an employment attorney, but I don't know what would happen from there.

Legal Eagle

It is understandable to want clarity before taking that step. If you move forward, the typical outcome is recovering unpaid wages, possible overtime, and sometimes additional damages if the conduct was willful, along with an order requiring the company to change its timekeeping practices.

The process usually centers on presenting your evidence to show a pattern of off-the-clock work at management’s direction, which can lead to back pay and corrective action rather than prolonged conflict.

Alright then. I think that's everything I wanted to know. If I think of any other questions, I'll send another message. Thank you for your time and effort!

Legal Eagle

It has been a pleasure serving you. Thank you so much for contacting us! We're happy to help whenever you need it.

Legal Eagle

133,377 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Ray

Lawyer

4.73 (66,079)

What should I do if HR investigates my hostile work environment claim while my EEO retaliation complaint is pending?

Answered 2 days ago

Richard

4.26 (76,546)

[FL] Is there a wrongful termination claim under at-will employment?

Answered 6 days ago

Legal Eagle

Attorney

4.79 (133,377)

[FL] Can I sue for unpaid equity, retaliation, and unauthorized use of my likeness after revocation?

Answered 7 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.