What is 'time theft' and why are some employers so worked up about it?

It may be a new year, but many employers are still relying on an old tool for evaluating productivity.

That would be the clock — against which so much of work is measured, despite ongoing changes in how, where and when work gets done.

Employers and employees can sometimes butt heads over what happens on company time, but in severe cases, an employee could be accused of time theft. And this issue is growing more contentious as employers monitor what remote workers are doing outside of the confines of traditional offices. 

"Time theft is arguably an even bigger issue for employers at this time than it has been before," said Nadia Zaman, an employment lawyer with Rudner Law in Markham, Ont.

Time theft encompasses a broad range of behaviours — anything from taking longer-than-scheduled breaks or logging off early, to using work hours to do household tasks — all of which an employer would view as being contrary to what one should be doing while getting paid to work.

"Time theft is really when the person actually should be working and they're not," said Janet Candido, a Toronto-based HR consultant. "They're actively doing something else."

Zaman, looking through an employment-law lens, said it's essentially "when an employee is paid for work that they have not performed," or for time in which they were not actually working.

Many people might find themselves occasionally guilty, especially with the distractions of remote work. But the problem — and when it really becomes time theft — is when it becomes habitual.

Nita Chhinzer, an associate professor in the University of Guelph's department of management, said organizations go through a series of steps when cases of alleged time theft are identified. Once it's documented, that usually leads to progressive discipline, she said.

"It leads to a verbal warning, followed by a written warning, followed by dismissal in some cases," she said.

But Chhinzer said there are organizations that take a harder line that "theft is theft," and act decisively.

A headline-making case in Hamilton a decade ago, for instance, saw the southwestern Ontario city investigate and then take disciplinary action against dozens of municipal road workers it suspected of infractions that included time theft.

There were reports of road workers spending as little as two hours a day on the job. Some staff were fired, but most got their jobs back after arbitration.

Working life changed for millions of Canadians in 2020, when the pandemic forced organizations to send people home in a hurry. That left workers and employers having to adjust to the new circumstances.