Rights if an employer accuses me of incorrect time registration?


Questioner

I currently work as a community nurse. 8 years ago I started at the organization as a bbl care worker ig. We have to register our hours ourselves in e-care. At the time I was told that I could register everything I did for a client. Also all incoming phone calls etc. So I do this. Now I have been told that I should not have done this. And that this even borders on fraud. When I asked a colleague, it turned out that they also register in the same way. And a former colleague also said that they had always done it this way. Since last Thursday afternoon I am no longer allowed to work. I am now exempt from work with retention of salary. Can you tell me what my rights are if my employer accuses me of incorrect registration after this was explained to me?

Lawyer

It goes against my sense of justice if you are in good faith and then under these circumstances are accused of incorrect time registration, which is even labeled as fraud. In Dutch employment law you are protected in different ways, however, each case is unique and the outcome can vary depending on the details of the situation. The most important rule of thumb is that an employer cannot simply fire you. In the case of an accusation of fraud, the employer should have strong evidence to justify dismissal on urgent grounds (with immediate effect). First of all, are these instructions that you have received recorded in writing or can you demonstrate in another way that these instructions were given to you? This can be of great importance, because the burden of proof in the event of accusations of fraudulent actions is in principle on the employer. They must therefore be able to demonstrate that deliberately incorrectly registered hours have been declared. You also have the right to defend yourself against such allegations, which includes the right to retain a lawyer or attorney to assist you in doing so. If the allegations are unfounded, or if your employer overreacted to your alleged mistakes, you may also be entitled to compensation. However, it is also important to know that claiming hours that you have not actually spent on your job can be considered potentially fraudulent. It is your responsibility to keep accurate time records. In your situation, it would be highly advisable to engage a lawyer or specialized attorney as soon as possible. They can work out a strategy that is tailored to your specific situation and explain your rights in more detail.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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