My manager deleted the hours I worked from my check

I recently posted here about my fitness director expecting me to work for free. Things have gotten worse, and I’m not sure what my next steps should be.

I’m allowed to clock in when I do complimentary training sessions with my clients. When I opened the app to do so today, I noticed the 9.5 hours I worked from last week were removed. In the grand scheme of things, it’s not much. But it’s the principle of it… They manipulated me into staying late every day, and then deleted the hours without even letting me know.

What are my options? Should I go straight to HR? File a complaint with the state? If my hours have been deleted, what proof do I have? They have cameras that they check often, so I know there’s physical proof that I was there, and I highlight in my scheduling book the time I’m clocking in just to keep track for myself. I worry I may not have a leg to stand on.

And yes, I do plan on quitting. Currently trying to figure out where I can train my clients in the meantime.

Jobadvisor:

It's understandable that you're feeling frustrated and taken advantage of. Your manager deleting your worked hours is a serious issue, and you absolutely have a right to pursue this. Here's a breakdown of your options and how to approach this situation, keeping in mind your location in Bârlad, Vaslui County, Romania:

Your Options in Romania for Wage Theft:

1. Direct Communication with Your Employer (Proceed with Caution):

   • You could try to discuss this directly with your manager or someone higher up before going to HR or external authorities. However, given the previous issues and the act of deleting hours, this might not be productive and could even lead to further complications.
   • If you choose this route, keep it factual and professional. State that you noticed the discrepancy in your recorded hours and request clarification and correction.

2. Formal Complaint to Your Employer's Human Resources (HR) Department:

   • This is generally the next formal step within a company.
   • Document everything before contacting HR. Gather the proof you have (scheduling book entries, any communication about your schedule, and the fact that there are security cameras).
   • When you file the complaint with HR, be clear, concise, and provide the specific dates and times of the deleted hours. Explain the situation and your expectation of being paid for the work you performed.
   • Keep a copy of your complaint and any responses from HR.

3. Filing a Complaint with the Territorial Labour Inspectorate (ITM - Inspectoratul Teritorial de Muncă):

   • This is the government agency in Romania responsible for overseeing and enforcing labor laws, including those related to wages and working hours.
   • This is likely your most effective course of action for ensuring your rights are protected.
   • You can file a formal complaint with the ITM in Vaslui County. You can usually find their contact information online (search for "Inspectoratul Teritorial de Muncă Vaslui" or "ITM Vaslui").
   • Your complaint should detail the situation, including:
     • Your employer's name and address.
     • Your position and dates of employment.
     • A clear description of the wage theft, including the specific dates and hours that were deleted.
     • Any evidence you have (scheduling book, information about security cameras).
     • The fact that you were instructed to stay late and perform work during those hours.
   • The ITM has the authority to investigate your employer, review their records, and ensure compliance with labor laws. They can order your employer to pay the owed wages and may impose penalties for violations.

4. Legal Action:

   • If the ITM is unable to resolve the issue to your satisfaction, or if you wish to pursue further compensation or legal remedies, you can consider consulting with a labor lawyer in Romania.
   • A lawyer can advise you on your specific rights and help you file a lawsuit against your employer for wage theft.

Regarding Your Proof:

Don't underestimate the proof you have:

• Your Scheduling Book: This is a written record you maintained independently and can serve as evidence of your scheduled and worked hours.
• Security Camera Footage: While you don't have direct access, the fact that the employer has and reviews these recordings is significant. When you file a complaint with the ITM, they can request access to this footage as part of their investigation. You should mention the existence of these cameras in your complaint and that they would corroborate your presence during the disputed hours.
• Testimony: Your own testimony about the hours you worked and were instructed to stay late is also evidence.
• Witnesses (if any): If any colleagues are aware of your late work or the fitness director's practices, their testimony could also be helpful.

Steps to Take Now:

1. Document Everything Meticulously:

   • Make copies of your scheduling book entries for the relevant dates.
   • Write down a detailed account of each day you stayed late, the reasons why, and who instructed you (if anyone specific).
   • Note the dates you noticed the hours were deleted.
   • Keep any communication (texts, emails, etc.) you might have related to your schedule or work expectations.

2. File a Formal Complaint with the Territorial Labour Inspectorate (ITM) in Vaslui: This should be your priority. You can likely find information on their website about the complaint process, or you may need to visit their office in person or contact them by phone.

3. Consider Contacting HR (After Filing with ITM): While the ITM investigation is underway, you can also inform HR of the situation and that you have filed a complaint with the labor authorities. This puts them on notice and may prompt them to take internal action.

4. Consult with a Labor Lawyer (Optional but Recommended): A lawyer can provide specific advice based on your situation and Romanian labor laws. They can also help you navigate the legal process if necessary.

Regarding Quitting and Training Clients:

• It's wise that you're planning to leave. This environment seems toxic and exploitative.
• When considering where to train your clients, look into:
  • Other gyms or fitness studios in Bârlad that might offer space for independent trainers.
  • Outdoor spaces or community centers that could be suitable for some types of training.
  • Potentially training clients in their own homes (if feasible and agreeable).

You absolutely have a leg to stand on. Wage theft is illegal, and the Romanian labor authorities are there to protect workers' rights. Don't be discouraged. Take the necessary steps to report this, and focus on finding a better and more ethical work environment. Good luck!