Cindy Anthony's Time Card

[PaulaF513]

I'm a little worried that the discrepancies between the two recovery programs (cache back and the other one) will nullify the searches altogether for the jury. Cache back revealed 84 searches for chloroform, and the other revealed only one??

I seen things like that happen on my computer. Even when you think you'va completely deleted something and emptied the trash can and cleared the cookies and the cache, the thing can be lurking in unallocated space.

Just try to get rid of a virus or a trojan worm...you'll see what I mean.

 

[panthera]

so do people in the States get paid for lunch & breaks?

I noticed that no time seems to be deducted for a lunch hour ...

also, is the overtime calculation different depending on the industry & state?

here, there are federal statutes for labour law but then there are also different rules as applied to different jobs, different industries, different provinces etc.

It depends where one works, as well as if they are hourly or salaried. Compensation for overtime would be dependent on the company and the position one holds within it, including the number of hours they are scheduled to work each week, etc.

MOO

 

[coloradoteacher]

There has been an IT guy from Gentiva on the State Witness list since before the trial has started. In addition to the lies on the timecard and the fact that there is no search for chlorophyll or and derivation of its spelling on the search history, he can positively prove that she was at work. If he was on the witness list, you can better believe he was asked to come up with records for CA before as well. When I saw this I felt bad for ever doubting the SA and thinking they were caught off guard. They have always been 2 steps ahead of JB and the A's.
Also, Click Orlando had an article where they found that she DID NOT call GA at all when she got home from work on the 16th of June from her phone records, which means it could not have been the 16th when she found the pool ladder down and called him, hence LDB's questions on which number CA called as well as if she left a VM.
Can you say perjury and impeachment?
There goes the two things JB actually did that people think poked holes in the SA theory added credence to their theory.
I love the SA .

 

[Cherchez la Femme]

From what I recall there were just two days under question regarding the chloroform (Not "ChlorAform", of which proper spelling I think a nurse like SIN would know).

Yes?

I also recall someone on the stand --I do believe it was a computer expert/CSI Investigator or could have been an FBI agent-- saying that the total number of visits to the one site alone (of "How to make chloroform/chloraform) was 84!

Putting the two together, in just two days there were a total number of visits
to that one site alone
which numbered EIGHTY-FOUR?


What does everyone make of this?


...If my memory is not serving me well, and there is different evidence/information out about that, please update me.

TYVM

Cher

 

[panthera]

I was a salaried employee, did not get paid overtime unless it was
Sat or Sun - however, we were required to report our actual hours on the job. If I worked ten hours on Monday, that's what I had to report. If I took comp time and worked six hours on Tuesday, six hours is what I had to report. Reporting false hours was cause for termination.

I think Cindy just kept adding more and more to her testimony just dug her in deeper. She thinks she is smarter than what facts will prove.

Even though she is no longer employed, is it true she is collecting disability from that company, or is the amount she collects based on hours worked? In other words, could there be any repercussions today from falsifying time cards while she was working there?

 

[panthera]

There has been an IT guy from Gentiva on the State Witness list since before the trial has started. In addition to the lies on the timecard and the fact that there is no search for chlorophyll or and derivation of its spelling on the search history, he can positively prove that she was at work. If he was on the witness list, you can better believe he was asked to come up with records for CA before as well. When I saw this I felt bad for ever doubting the SA and thinking they were caught off guard. They have always been 2 steps ahead of JB and the A's.
Also, Click Orlando had an article where they found that she DID NOT call GA at all when she got home from work on the 16th of June from her phone records, which means it could not have been the 16th when she found the pool ladder down and called him, hence LDB's questions on which number CA called as well as if she left a VM.
Can you say perjury and impeachment?
There goes the two things JB actually did that people think poked holes in the SA theory added credence to their theory.
I love the SA .

I would imagine the SA put the IT expert on their witness list as a result of CA's testimony during her 2009 deposition. In that she also said she had searched the computer, although as I understand, not exactly what she testified to this past week.

MOO

 

[SpringTxMom]

You're right, the timecards absolutely contradict what Cindy said on the stand about only clocking 8 hours. If Cindy is lying about searching for "chloraform" from home then it is easily disproved. If she sent one email from work during the time she said she was at home, the defense looks very bad. However, if the state doesn't come up with an email trail from work, which would surprise me, then the defense earned a rare bonus point.

I got the impression that CA thought because her password expires every 30 days, that there was no way to get to those emails. I don't think she realized that System Managers and other privileged accounts have access and can reset passwords and the like.

 

[Mohabi]

I am a salaried employee. I do not get paid for overtime, whether that is on Saturdays, Sundays, or Holidays doesn't matter. I do not get comp time when I am traveling and have to spend a weekend away from home.

However, there are never any deductions: If my car breaks down and I get to work 3 hours late, I get paid as if I was at work (this serves only as an example). I have a 45 minute lunch break (which is paid). If I have to go to the doctor, or have to leave early, I get paid anyway.

Of course it's a give/take arrangement. I never take advantage of it - but my employer does

If Gentiva operates like most large US companies, Cindy would have had to swipe her employee card, and the "system" would have added up the hours she worked. If she had to fill in a manual time card (does anyone still do that????), she would have had to log ALL hours she worked, whether she was salaried or not. IF she was salaried, it woudln't have mattered how many hours she worked per week, since she was salaried, it didn't matter whether she worked overtime or not.

 

[SevenSeas]

There has been an IT guy from Gentiva on the State Witness list since before the trial has started. In addition to the lies on the timecard and the fact that there is no search for chlorophyll or and derivation of its spelling on the search history, he can positively prove that she was at work. If he was on the witness list, you can better believe he was asked to come up with records for CA before as well. When I saw this I felt bad for ever doubting the SA and thinking they were caught off guard. They have always been 2 steps ahead of JB and the A's.
Also, Click Orlando had an article where they found that she DID NOT call GA at all when she got home from work on the 16th of June from her phone records, which means it could not have been the 16th when she found the pool ladder down and called him, hence LDB's questions on which number CA called as well as if she left a VM. Can you say perjury and impeachment?
There goes the two things JB actually did that people think poked holes in the SA theory added credence to their theory.
I love the SA .

Clicking the thanxs button simply won't suffice! I'm postively giddy over your post, can't wait for LDB to bring this home! :great:

 

[Melanie]

I was a salaried employee, did not get paid overtime unless it was
Sat or Sun - however, we were required to report our actual hours on the job. If I worked ten hours on Monday, that's what I had to report. If I took comp time and worked six hours on Tuesday, six hours is what I had to report. Reporting false hours was cause for termination.

I think Cindy just kept adding more and more to her testimony just dug her in deeper. She thinks she is smarter than what facts will prove.

Amen! I was salaried too. And unless things have changed since 2007 when I was, you reported all hours. Whether that was 11 hours on one day, or 5 hours on another. You didn't walk out - it goes to reporting. One reason it goes to reporting is for injury purposes, or accidents. You need to report when you are on the job and not on the job (especially when working for a hospital). What if she had an accident off the job, yet showed she was working on her time cards. HELLO!

You don't lie to the Board of Labor - period. Trust me, I've been going through a whole lot of nonsense in my DH's employer not paying OT when he is entitled to it. A HUGE nightmare.

That's why records need to be accurate...period.

MOO

Mel

 

[Mohabi]

so do people in the States get paid for lunch & breaks?

I noticed that no time seems to be deducted for a lunch hour ...

also, is the overtime calculation different depending on the industry & state?

here, there are federal statutes for labour law but then there are also different rules as applied to different jobs, different industries, different provinces etc.

It depends on where you work and whether you are a salaried or hourly employee. Hourly employees usually don't get a paid lunch break, and if they do, it's only 30 minutes. It's up to the employer to give paid breaks - or not.

It largely depends on the employer whether salaried workers get 30 minutes, 45 minutes, 1 hour, etc. of paid lunch.

Overtime is usually 1.5 x the normal hourly wage.

 

[Melanie]

I am a salaried employee. I do not get paid for overtime, whether that is on Saturdays, Sundays, or Holidays doesn't matter. I do not get comp time when I am traveling and have to spend a weekend away from home.

However, there are never any deductions: If my car breaks down and I get to work 3 hours late, I get paid as if I was at work (this serves only as an example). I have a 45 minute lunch break (which is paid). If I have to go to the doctor, or have to leave early, I get paid anyway.

Of course it's a give/take arrangement. I never take advantage of it - but my employer does

If Gentiva operates like most large US companies, Cindy would have had to swipe her employee card, and the "system" would have added up the hours she worked. If she had to fill in a manual time card (does anyone still do that????), she would have had to log ALL hours she worked, whether she was salaried or not. IF she was salaried, it woudln't have mattered how many hours she worked per week, since she was salaried, it didn't matter whether she worked overtime or not.

RBBM. My ex-employer also used the swipe card system. They knew exactly when I was a comin in (not going). We had rules not to piggy-back too! Not to say Cindy didn't piggyback going in, but we didn't have to swipe our card going OUT.

Our timecards were electronic, and if you didn't fill it out on Friday, you got a ping on Monday morning.

We also had a guard gate that let you in -- using your swipe card. Probably a bit much for Cindy's work - but another way to keep track of your employees going into work. Unfortunately, leaving was a completely different story (there was really no tracking).

MOO

Mel

 

[kellypr]

I don't see an IT person from Gentiva on the State witness list anywhere. Could you point out who it is and where I can see that list of witnesses?

I would imagine the SA put the IT expert on their witness list as a result of CA's testimony during her 2009 deposition. In that she also said she had searched the computer, although as I understand, not exactly what she testified to this past week.

MOO

 

[Jack]

Amen! I was salaried too. And unless things have changed since 2007 when I was, you reported all hours. Whether that was 11 hours on one day, or 5 hours on another. You didn't walk out - it goes to reporting. One reason it goes to reporting is for injury purposes, or accidents. You need to report when you are on the job and not on the job (especially when working for a hospital). What if she had an accident off the job, yet showed she was working on her time cards. HELLO!

You don't lie to the Board of Labor - period. Trust me, I've been going through a whole lot of nonsense in my DH's employer not paying OT when he is entitled to it. A HUGE nightmare.

That's why records need to be accurate...period.

MOO

Mel

One company I worked for years ago I had a situation just like what Cindy described in her testimony. Those of us who were salaried/exempt were instructed to only put 8 hours in the time system. Reason being we were only going to be paid for eight hours regardeless of how many we actually worked, and the time system was used by payroll. Actual time worked records only need to be accurate if a person is hourly/non-exempt.

What will be interesting is if they can show CA sending emails from work on the days she said she was googling chloroform.

I remember you talking about yours hub's situation awhile back. Did you ever get that straightened out?

 

[Jack]

The above search shows that the witness is listed on "State Witness List 3/28/10" as "Custodian of Records, Gentiva Health".

Oh that should be good. Most companies these days have retention policies that causes them to back up records and keeps them for years and years depending on their classification. This includes emails and other digital documentation. If CA was at the office and working that day they should be able to piece together at least part of her day.

 

[okiedokietoo]

It's really not a question of if she was at work - the Jury will hear and compare work records to the days the computer searches were done and, as they say, that's all she wrote

 

[Bobbarita]

3/17 is St. Patrick's Day. I'm a retired nurse and wherever I worked, be it in a "managed care" office setting (desks and computers), hospital emergency room, hospital general floor, psychiatric hospital, doctor's office, etc. there was always some acknowledgment of certain holidays, St. Patty's Day among them. I recall people decorating their desk, wearing green, somebody bringing in "holiday" donuts, co-workers talking about their recipes for corned beef and cabbage, etc. So it would seem to me that this particular day might jog a co-worker's memory more than just another day of the week. How many people worked in that office? I find it hard to believe that even with the "time card" problems NO ONE recalls if she was there during the afternoon or if she left early.

 

[ZsaZsa]

3/17 is St. Patrick's Day. I'm a retired nurse and wherever I worked, be it in a "managed care" office setting (desks and computers), hospital emergency room, hospital general floor, psychiatric hospital, doctor's office, etc. there was always some acknowledgment of certain holidays, St. Patty's Day among them. I recall people decorating their desk, wearing green, somebody bringing in "holiday" donuts, co-workers talking about their recipes for corned beef and cabbage, etc. So it would seem to me that this particular day might jog a co-worker's memory more than just another day of the week. How many people worked in that office? I find it hard to believe that even with the "time card" problems NO ONE recalls if she was there during the afternoon or if she left early.

Her job was administrative. There will be a paper trail a mile wide showing she is documented at work that day, in her office. She's not as clever as she imagines.

 

[Tuffy]

It depends where one works, as well as if they are hourly or salaried. Compensation for overtime would be dependent on the company and the position one holds within it, including the number of hours they are scheduled to work each week, etc.

MOO

Yes, I've worked for companies where lunch breaks were paid, and other were unpaid. One job I worked 9-5, got a half hour lunch, and was paid for 8 hours. Now I work 8-5, an hour lunch, and get paid for 8 hours.

 

[LambChop]

One company I worked for years ago I had a situation just like what Cindy described in her testimony. Those of us who were salaried/exempt were instructed to only put 8 hours in the time system. Reason being we were only going to be paid for eight hours regardeless of how many we actually worked, and the time system was used by payroll. Actual time worked records only need to be accurate if a person is hourly/non-exempt.

What will be interesting is if they can show CA sending emails from work on the days she said she was googling chloroform.

I remember you talking about yours hub's situation awhile back. Did you ever get that straightened out?

But the following week CA did record the time she had taken off. So you either do or you don't. That being said it's clear CA was at work on both the 17th and the 21st having reportedly worked a 10 hour day. How do you work a 10 hour day when you are not there??? When CA reported on her card that she was on vacation she reported it as 8 hour days. So there you have it. jmo