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Woman Ordered To Repay Employer After Software Shows 'Time Theft' (theguardian.com) 167

An anonymous reader quotes a report from The Guardian: A Canadian woman has been ordered by a civil tribunal to compensate her former employer for "time theft" after she was caught misrepresenting hours worked by controversial tracking software. Karlee Besse, who worked remotely as an accountant in British Columbia, initially claimed she was fired from her job without cause last year and sought $3,729 in compensation -- both in unpaid wages and severance. But the company, Reach CPA, told the tribunal Beese had logged more than 50 hours that "did not appear to have spent on work-related tasks."

Reach said it installed employee-tracking software called TimeCampon Besse's work laptop after it found her assigned files were over budget and behind schedule, a strategy companies are increasingly taking in the era of remote work. The software tracks how long a document is open, how the employee uses the document and logs the time as work. Weeks later, the company said an analysis "identified irregularities between her timesheets and the software usage logs." While Besse told the tribunal she found the program "difficult" and worried it didn't differentiate between work and personal use, the company demonstrated how TimeCamp automatically makes those distinctions, separating time logs for work from activities such as using the laptop to stream movies and television shows.

Besse said she had printed documents to work on, but did not tell Reach she was using hard copy because she "knew they wouldn't want to hear that" and she was afraid of repercussions. The company said that the software also tracks printing -- and that few documents had been logged as printed. It also said any work from the printed documents would have needed to be input into the company's software, which never happened. [...] The judge tossed out Besse's claim of wrongful termination and ordered her to pay $1,840.27, both in returned wages and as a part of previous advance she had received from the company.

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Woman Ordered To Repay Employer After Software Shows 'Time Theft'

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  • Right to Work (Score:3, Insightful)

    by rsilvergun (571347) ( 10281256 ) on Thursday January 12, 2023 @10:37PM (#63204706) Homepage
    Sounds like the corporations have completely taken over the labor laws. Canadians are seriously in need of an overhaul of their legal system. I think in the meantime, unions could be a very valuable bridge, where the victim gets representation by the union for such fallacious lies that the person logging the hours wasn't working. What else would they be doing?
    • Re:Right to Work (Score:5, Interesting)

      by Big Hairy Gorilla ( 9839972 ) on Thursday January 12, 2023 @11:23PM (#63204802)
      Well, they could be doing anything, and time theft was thing long before the internet and remote work... BUT... whatever happened to "deliverables" ?

      I did tons of consulting gigs and it was always about the deliverables... the tangible outputs of your time that was what clients wanted and paid for. Lots of consultants gamed the timesheet, but if the job didn't get done, the paycheque didnt get cut.

      To me, this reeks of the automation of everything. So the judge just trusts the monitoring software?

        There's two ideas in play there: 1. all non techies seem to trust software without question and 2. all non techies will apparently install anything that anyone says. Zoom. Slack. Etc. No one seems to have any idea what they are getting into. And the client company probably doesn't know that Salesforce or some other backend service is sucking them dry of their data either.

      From what I can see, the consultant, the client, and the judge are all clueless, and running around in a maze designed by software.
      • by cstacy ( 534252 )

        1. all non techies seem to trust software without question and 2. all non techies will apparently install anything that anyone says. Zoom. Slack. Etc. No one seems to have any idea what they are getting into. And the client company probably doesn't know that Salesforce or some other backend service is sucking them dry of their data either.

        We're talking about the company's computer that they provided to the worker. Of course it has whatever the company wants instealled on it.

        And what personal data of the employee is on that computer? There shouldn't be any. Quite sure the employee manual (for one place) says the company can (a) monitor the computer and (b) see any personal shit you're using it for, so don't do that.

        Especially since your very own personal non-company computer is sitting there with you about three inches away.

        If you mean the CO

      • Re:Right to Work (Score:4, Insightful)

        by sound+vision ( 884283 ) on Friday January 13, 2023 @12:14AM (#63204874) Journal

        The apps thing is starting to get ridiculous. Fast food chains have been pushing them for a while, some of them are pushing them really hard. At McDonald's, for example, it's starting to become less like a classic points-based reward program and more like "Order through the app if you want anything like a reasonable price."

        Even here on Slashdot, I read a post (that I think was not even a shill) about how convenient ordering through the app is. Had to break it to the guy that it's not for his convenience. If it was about that, they'd let you place the order in a web browser.

        I'm not going to install an app for every store and fast food joint I want to visit. Nor do I have enough fealty toward McDonald's that I'll just install their app and never eat anywhere else. Combined with the general nosedive in service recently, I'd rather just avoid McDonald's, and now I do. When the rest of the fast food places inevitably see how much monetization they're getting out of the data, and start going the same route, I will skip all of them too. Eating healthy doesn't sound like that big of a drag on my life.

        • by MrKaos ( 858439 )

          Had to break it to the guy that it's not for his convenience.

          I find it amusing that the same people who yell and point "conspiracy theorist" have never read the terms and conditions and don't know what they are permitting an app to do.

          • by Mitreya ( 579078 )

            never read the terms and conditions and don't know what they are permitting an app to do

            We know what we are permitting the app to do. Unfortunately, despite being privacy-concerned, Android does NOT allow me to sandbox applications when they have ridiculous demands (like a calculator requiring access to address book or camera). The correct solution would have been to sandbox and provide such applications with a blank address book instead. But actual choices are all or nothing. So if I need the app for some reason, I have to give it these permissions.

        • Re:Right to Work (Score:5, Interesting)

          by The-Ixian ( 168184 ) on Friday January 13, 2023 @07:13AM (#63205272)

          There should be containerization software for smartphones that allow you to install apps, but just fuzz and sandbox all the environmental data.

          That way, you could just install all the loyalty apps to a container and let them play with themselves with no real data being delivered and no notifications reaching out of the sandbox.

        • If you had an iPhone you could just tell the app not to track you the first time you open it.

      • Nothing happened to deliverables. Quote:

        > after it found her assigned files were over budget and behind schedule

        To me this smells potentially of "we tried talking through the issue first..."

        As for the rest of how the software actually works, I hope the court mandates an audit.

        • To me this smells potentially of "we tried talking through the issue first..."

          Indeed, it would be rather weird if they didn't talk to her about it before they fired her.

        • She even could have walked away after being fired for not doing her job, but now, she had to double down and sue the company for unfair firing. That's when things got specific, to her undoing...
      • "I did tons of consulting gigs"

        So you weren't an employee, thus your experience is irrelevant to a question of employment.
        -1, offtopic

        • Isn't it strange, though, on how, as soon as you're paying consulting rates, it stops being 'I expect you to be at a desk for eight hours, regardless of your output' and starts being 'I expect maximum output in minimum time, and I'm paying for the final product, not the process?'

          Odd that employees are incentivized to be inefficient to fill out a full 8 hours, while consultants are incentivized to deliver quickly to get paid and move to the next task.

      • BUT... whatever happened to "deliverables" ?

        Based on my understanding, lack of meeting deliverables were the reason the increased monitoring was put in place, and the monitoring demonstrated not that the person was under-performing in a way which could be coached, but actively not performing the tasks they were paid for.

      • Well, they could be doing anything, and time theft was thing long before the internet and remote work... BUT... whatever happened to "deliverables" ?

        A reasonable line of thinking that apparently the company also followed. According to the article, "Reach said it installed employee-tracking software called TimeCamp on Besse’s work laptop after it found her assigned files were over budget and behind schedule." That is, the original deliverables weren't delivered in spite of spending more than the expected time.

    • by msauve ( 701917 )
      You forgot the <sarcasm> tags.
    • Sounds like the corporations have completely taken over the labor laws.

      Being able to prove that you fired an employee for slacking off with evidence that they weren't doing what they were paid to do is "taking over labour laws"? That logic is so far left leaning it makes Bernie Sanders look like Mussolini.

      unions could be a very valuable bridge

      This example is everything that is wrong with unions. You painted a true slacker, someone who hasn't done the assigned work, an underperformer in every metric as a "victim" that needs protecting by a union. FUCK NO!

  • by thesjaakspoiler ( 4782965 ) on Thursday January 12, 2023 @10:58PM (#63204758)

    I put some nice smelling mice leather on it and my cats can't distinguish it from a real mouse.
    In any case, my employer thinks I'm extremely busy all day.
    I only need to come up with a solution for my keyboard.
    Them microswitches are just too heavy for my hamsters to push down.

  • As someone who both manages others and is a worker, I am totally conflicted about time micromanagement.

    If I pay you $x.xx to work for an hour, you will work at a pace that we both find reasonable for that hour. I am purchasing an hour of labour. It's like a contract. Labour is a commodity. I measure inputs and outputs and thresholds as a manager and you WILL be within that range or you will not work here. I buy something called a toaster for $x.xx, and I take it home, I put bread in it, I expect it mak

    • Re:Time.... (Score:5, Insightful)

      by Opportunist ( 166417 ) on Friday January 13, 2023 @03:38AM (#63205086)

      I care about the amount of work being done. I had a worker a while ago (that I couldn't hold simply because I can't really pay as much as Google does) who got the workload of 40 hours accomplished in less than 25. Yes, he was goofing off a lot, but I still came out ahead. And if you can do your standard workload in half the time, I don't mind if you are only around half the time. I don't need you to keep a chair from flying off into space with your ass, I need you to get shit done.

    • by Junta ( 36770 )

      If your criteria for labor is strictly hourly but you don't actually vet the time card before paying out, that seems like the employer's problem. They agreed at some point that X hours of work had been done and paid out. This is the whole process of "I have my time card, I need you to sign it". It's unreasonable to sign a time card, then go back and say 'nuh-uh, I was wrong, give me money back despite signing for the hours you did'.

  • A Canadian woman has been ordered by a civil tribunal to compensate her former employer for "time theft" after she was caught misrepresenting hours worked by controversial tracking software.

    She misrepresented the hours worked by the tracking software?

  • by DrXym ( 126579 ) on Friday January 13, 2023 @12:49AM (#63204932)
    I constantly get job spam for some company called Crossover that makes all their "employees" use webcam software that constantly watches them. If they go for a piss, or answer the door, or simply aren't in frame then they don't get paid for that period of time. And I say "employee" since no vacancy is ever closed and everyone is a contractor who can be fired at any time. This sort of abusive shit is legal somehow.
    • Re: (Score:2, Informative)

      by Anonymous Coward

      I constantly get job spam for some company called Crossover that makes all their "employees" use webcam software that constantly watches them. If they go for a piss, or answer the door, or simply aren't in frame then they don't get paid for that period of time. And I say "employee" since no vacancy is ever closed and everyone is a contractor who can be fired at any time. This sort of abusive shit is legal somehow.

      It gets worse, SCOTUS has for all practical purposes leaked that in the case of "Glacier Northwest v. International Brotherhood of Teamsters" it is going to rule that workers are liable for damages due to profits lost during a strike. The USA, the land where everybody is free, except workers, to fight for better pay and conditions. Because soon, when you stage a mass walk-out and all quit your jobs because you have no other leverage, you'll have to compensate your company for the profits they lost due to yo

    • by msauve ( 701917 ) on Friday January 13, 2023 @06:43AM (#63205234)
      They should pass a law that lets people choose who they work for, and quit when they want.
  • by couchslug ( 175151 ) on Friday January 13, 2023 @01:02AM (#63204956)

    Vehiclemechanics are generally paid either by flat rate (per industry guides) at dealerships. If they knock out jobs under the allotted time they make more, if the work takes longer they make less.

    Skilled line mechanics can make bank, the less capable earn less. Being skilled labor and readily employable (no mechanic worth their salt doesn't have near infinite side jobs available) they can quit any time, haul off their tool boxes and have a new job in days if not lined up beforehand.

    It's a fine old system which generally works well. The dealer profits from completed tasks not time spent completing them.

    • by Entrope ( 68843 )

      That's fine when the tasks are basically the same thing over and over again. Is accounting like that, or is there variation that only averages out over a larger number of jobs? I don't know, but if this bit from TFA is accurate, then I don't have much sympathy for the lady:

      According to a video meeting between Besse and the company when they confronted her with the discrepancies, she told her manager âoeyou canâ(TM)t fight the timeâ, admitting she had âoeplugged time to files that I didnâ(TM)t touch and that wasnâ(TM)t right or appropriate in any way or fashion ⦠and so for that Iâ(TM)m really sorryâ.

    • That only works if your tasks are billed at a fixed rate while costing a variable rate to complete. Most deskjobs are not like that. I could spend 5minutes writing a very valuable email solving a problem, or an entire month writing a long and complex mandatory report. It would be impossible for my employer to adequately calculate the remuneration for each activity.

  • by Petersko ( 564140 ) on Friday January 13, 2023 @03:40AM (#63205088)

    It's clearly the Gen-X in me that just thinks that if my employer is purchasing my time, that time should be used to their benefit. This whole trend towards working as little as possible - and viewing it somehow as a positive - just perplexes me. Or the view that "if the work gets done" then that should be enough. If one of my reports told me that, I'd make sure to load them up with enough work with tight enough deadlines to guarantee they remain busy.

    I am not claiming I work every second of the workday, but I'm generally good for at least 6.5 hours out of 8. The padding is just needed to reset. Like a lot of people here I do technical work, and the brain just needs a moment from time to time. I don't begrudge people going for coffee either - social interactions grease the communication wheels of a company, and provided the privilege isn't abused... no problem.

    i know the company I worked for previously (for 20 years I might add) had the capability of monitoring all those things listed in this article. I also know that they only turned on monitoring when performance was a serious issue. I was in leadership for 12 years there and I never once requested it be turned on for anybody... but I understand it, and I don't disapprove.

    I am reluctant to afford an IT worker any more latitude on productivity than I would a carpenter on a housing job. If when the job is over your hammer looks brand new, you're fired.

    • by Shaeun ( 1867894 ) on Friday January 13, 2023 @08:22AM (#63205396)

      . If when the job is over your hammer looks brand new, you're fired.

      What I get from this is "Do not take care of your tools"

    • Its more of a gen YZ reaction to nepotism, email application leading to hundred if not thousands of applications, lower level positions being denied training, working for people who isn't willing to put in the legwork, being demanded a high GPA when the people hiring will have a lower GPA than you.
      But its also a result that higher levels of education and certification isn't rare, especially combined with national email application forms, resulting in people getting hired to do a job below their skill level.

      • I don't deny all of these things exist, but I think that the self-fulfilling prophecy is real.

        If you do land a job, and you only work barely enough to remain in the seat, why in heaven's name would the company share a limited training budget with you, when the guy in the seat next to you is a better contributor, and is demonstrably more interested in growing? Of course then that guy is a suckup, part of the clique, a suspected relative, etc... all the stuff the unmotivated, sub-average, or confrontational t

    • Are they paying you for your time, or are they paying you for your work product?

      If you're manning a counter, yes, they're paying you for your time. You're standing there for eight hours, and if no customers show up, you're still standing there.

      If you're hired to, say, produce code to a certain level and quality, and you're producing that code, then who cares if it took you one hour or ten?

      Go read 'Bullshit Jobs' by David Graeber.

      • I do. That's the point. Time is money, directly and in opportunity cost. I wouldn't let a carpenter build a cabinet for 10 times normal on the basis that it's "better" - why would 8 allow that from a developer?

  • by franzrogar ( 3986783 ) on Friday January 13, 2023 @04:20AM (#63205126)

    I'm the boss. Do I have not the right to fire a worker that do NOT do its work?

    If you say NO, you *********.

    If you say YES, then: Why are you denying me the tools to check a worker is actually working?

    If the worker were at the office, I could go in there and check and reprimand (if needed).

    If the worker is at home, why can't I go in there and check and reprimand (if needed)? Obviously, I CAN'T GO physically to each worker's home (with the "delay" in transportation that makes work less effective).

    So, now what? Do you want to work from home? I'll check what you're doing and keep a record, JUST LIKE I DO IN THE OFFICE.

    Cry me a river.

    • "Reach said it installed employee-tracking software called TimeCampon Besse's work laptop after" if they owned the laptop then they can put what ever software on it they want. If you don't ask question's of what software is on there that could track you that is on you for being willfully an idiot.
      • "Reach said it installed employee-tracking software called TimeCampon Besse's work laptop after" if they owned the laptop then they can put what ever software on it they want. If you don't ask question's of what software is on there that could track you that is on you for being willfully an idiot.

        Reach said it installed employee-tracking cameras over each employee's desk, if they owned the office they can put any cameras in it they want. If you want to eat and have a place to live then you can live with the ubiquitous surveillance, peasant.

    • by msauve ( 701917 )
      Do I get paid overtime to figure out the logic behind all the double (and triple!) negatives you use?
    • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Friday January 13, 2023 @07:32AM (#63205320) Homepage Journal

      If you can't figure out whether you're getting a fair amount of work from a worker based on their output, then you're not a manager. You're an impediment.

    • I would not install this software, I would rather find another job. If you can't tell whether I am working based on the code I commit and the tasks I complete, you're not fit to be my manager. No software required.

      That's not even an unusual way of doing things, all the companies I've worked for have not had employee-monitoring software.

    • Yeah, but would that employee work better if you sat next down to them and looked over their shoulder ALL THE TIME? That workers are 100% productive during every second of their workday is a MYTH. The whole "time theft" thing based on automated surveillance is just a way to create an atmosphere of distrust and fear that is completely disjuct from the actual work results. An employee that works 8 hours on a spreadsheet is worth exactly as much as an employee that looks out of the window for 4 hours, and the
  • Remote work can be nice, but you do actually need to get your work done and there needs to be a degree of mutual trust. If these conditions aren't there, then of course it doesn't work.
  • by fropenn ( 1116699 ) on Friday January 13, 2023 @10:04AM (#63205684)
    Time on Slashdot?

    Asking for a friend.
  • Not to mention "unplanned emergency" time? And mandatory office get-together time?

  • This is why I have software that moves cursor and types and deletes stuff, all my wasted time counts as legally valid work.

Don't tell me how hard you work. Tell me how much you get done. -- James J. Ling

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