Is it right for my job to wrongly suspend me?

Asked over 1 year ago - San Bernardino, CA

I was suspended from work for 2 weeks for an accident that wasnt my fault and i reported all the procedures to my company right after it happened. there was alot of wind that day and it bent the door by the hinges abit. so next day i come to work one of the managers ask me what happened i him what happened so he tells me just to go home tonight i did and another manger told me that im suspended till that guy says i can come back is that right.

Attorney answers (3)

  1. Michael Robert Kirschbaum

    Contributor Level 20

    4

    Lawyers agree

    Answered . Is it right? Perhaps not. Is it legal? Probably. Unless you belong to a union which may have rules preventing suspensions without good cause, your are probably considered an "at-will" employee, which means the employer has the right to suspend for any reason, even an unfair one. However, if you believe there is a questionable ulterior motive, such as discrimination based upon race, age, religion, national origin, disability or some other protected characteristic, perhaps there may be something to discuss with a lawyer.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  2. Patrick John Phillips

    Contributor Level 17

    4

    Lawyers agree

    Answered . I am very sorry to hear this has happened to you. Unfortunately, assuming you are an "at will" employee, there is no law requiring disciplinary action against you to be fair or reasonable. If you are a member of a union, you may be able to file a grievance if proper disciplinary procedure was not followed. Aside from union protection, however, an employee in your circumstance will typically have no legal basis to challenge a suspension, despite it being unfair.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  3. Marilynn Mika Spencer

    Contributor Level 20

    4

    Lawyers agree

    Answered . This is unfortunate, but not illegal. Unfortunately, employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.

    There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.avvo.com/legal-guides/ugc/an-overvie.... After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.

    Now with a better understanding of your limited legal rights, consider a strategic solution instead. If you have not (yet) been fired, try hard to prevent that; convincing an employer to reverse an action already taken is difficult.

    Consider tackling this directly, professionally and respectfully. Understand the company may have misunderstood events or perhaps felt there was something wrong with your work but never told you. Ask to speak with HR. Ask if you’ve done something indicating you are a poor worker or if the employer thinks you were responsible for something that happened. Maybe something was misinterpreted, though probably not. But if so, you can explain your side. More likely you will never know what is really going on. However, a mature conversation may change the way the employer treats you and may cause a change in the decision.

    Whatever you do, don't challenge the employer’s authority. Indicate you want to continue your working relationship and value your job. Explain you care about doing a good job. Mention your good work record if you have one. Explain you would never intentionally do anything against the company's or your boss' interest.

    Do not blame anyone else even if you believe someone deserves it; this cannot help you. Only talk about yourself, that you want to do a good job, and you regret the situation. Ask what you can do to improve things for the future. Don't give anyone a reason to get angry.

    The company may see you more favorably after this. Even if it doesn’t save your job, it may prevent a fight about unemployment and might get you a good job reference.

    I know it's annoying to have to do this when you didn't do anything wrong, but remember, an employer doesn't need a reason to fire you. And as we all know, the current economy is tough and jobs are hard to come by.

    Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,682 answers this week

3,133 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,682 answers this week

3,133 attorneys answering