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Q: I have a few remote employees who are submitting timesheets, but the work is not getting done. We kept our remote-work policy following the pandemic because most people are getting their work done, and we saw it as a win-win situation. How do I handle remote employees not doing their job? A: As you are aware, many employees across the country have stated that remote or hybrid work has allowed them to have a better work-life balance. This working model cuts back on commute times and saves money that would otherwise be spent on gas, transit and meals. Time theft at the home office However, some employees may not be productively working from home, and are instead often running personal errands, or taking extended breaks while on the clock. This is a concept referred to as “time theft.” Time theft occurs when an employee is paid for hours they did not work. How to approach employees regarding time theft Your first step would be to talk with the employees to see if they need support or are struggling to complete work-related tasks remotely. If you find that their hours are still not adding up to the amount of work being completed, consider digitally monitoring their work activity. It is essential to gather evidence. Keep in mind that employees must be told that monitoring is taking place, as well as how and why. If an employer can prove that time theft has occurred, then it is typically viewed and addressed as a workplace misconduct incident and can be grounds for termination. Recent legal jurisprudence In Abbasbayli v. Fiera Foods Company, Ismayil Abbasbayli had been with Fiera Foods for 13 years, working at its Toronto facility producing frozen dough and baked goods. In 2018, his employment was terminated. The company alleged that he and a co-worker had been punching each other’s timecards, recording false hours worked. This was no minor infraction. Employees were required to punch in and out at monitored stations, where cameras recorded their presence. Fiera Foods’ business values and ethics policy, in place since at least 2007, made it clear that all timecards had to be accurate and truthful. When an anonymous tip sparked an internal investigation, management reviewed the footage and the timecard data. The results pointed directly to Abbasbayli and his colleague for concealing hours that were not actually worked. When first confronted, Abbasbayli denied any wrongdoing. The next day, he dismissed the evidence as “fake.” About a week later, Abbasbayli suggested he was being framed because he was involved in unionization discussions. Two days later, Fiera Foods concluded the relationship was beyond repair. Dishonesty, coupled with falsified time records, struck at the heart of trust in the workplace, and termination followed. Abbasbayli disagreed, arguing that the dismissal was a retaliation for raising health and safety concerns and for his unionization efforts. In the end, the Ontario Superior Court found that Fiera Foods had proven cause for dismissal. The evidence showed that Abbasbayli engaged in time theft and failed to provide a credible explanation when confronted. The court rejected his claims that he was terminated for whistle-blowing or union activities, noting that there was no evidence the employer was even aware of these efforts. Key takeaway Trust and honesty in the workplace are essential in the eyes of the courts or tribunals. In your case, approach the situation in an open-minded manner, and offer the employees an opportunity to explain the inconsistencies. However, if there are tracked incidents of time theft, it may be time to seek advice from an employment lawyer as to your next steps. Once trust is broken, it is difficult to re-establish.
