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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 30783
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Is suspension from work supposed to be paid

Customer Question

Is suspension from work supposed to be paid?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Do you know whether the employer has a policy of requiring pay during suspension?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?

Customer: replied 2 years ago.
I think I may be discrimated agianst because I have been working for Pizza Hut forTen years. In this last year I have been Written up twice now for supposley be rude to custermers. I get no reason why or how I am being rude or when excatly the time it happen only day. At the same time I have been over looked to be put in higher position because of my age and I am partly handicapped from a birth. I am partly paralyized on left side of body.I have been agian with the company for ten years and have been over looked twice now to go in a high postion to youger adults in their twenties. They give no reason why I am not being put in a higher position only that I am being rude.
Expert:  Tina replied 2 years ago.
I see.

Are the younger employees also not disabled?

Customer: replied 2 years ago.

Yes that wuold be nice if I could get some information in my town Of Redlands California Yes the younger empoyees are not disabled.

 

Expert:  Tina replied 2 years ago.
I see.

Under state and federal law, your stronger claim would typically involve an allegation of disability discrimination rather than age discrimination.

Being with the company for ten years does not provide a basis to allege discrimination, but rather whether you are age 40 or older and were replaced by significantly younger employees.

Your recourse for either allegation would typically involve filing a complaint with the employer's HR department and if it not resolved promptly, filing a complaint with the state fair employment and housing commission.

It is also best to retain a local employment law attorney to represent you in this matter. Look for ones who take contingency fee cases if possible.

Here is a link to the FEHC website:

http://www.fehc.ca.gov/

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Customer: replied 2 years ago.
I do have a claim when I am told I am suspened from work for being rude and I am not told why. Then not getting paid for being suspeded and I have to use my vaction pay and I canot go on vaction at all. I am a shift manger for them for the last two in half years of my ten years working for Pizza Hut. Agian I have been over looked Twice because of no reason for being rude to a custemer who is not always right. I know this from gradurating college with a Assocites Degree in Buisness. I am 38 and have been over looked becouse of age and a disability to youger adults who where barlely propted to a manger position.
Expert:  Tina replied 2 years ago.
No. There is typically no claim against the employer for terminating you because someone complained you were rude to a customer. The default rule is employment at will, which means the employer can terminate you without good cause or for any reason not prohibited by law.

Discrimination is an exception to the employment at will doctrine and permits you to pursue legal action if there is evidence the employer discriminated against you on the basis of a protected status, such as a disability.

You would not be age protected since you are not 40 or older.

Therefore, your potentially strongest claim would be based on disability based on the facts you have provided.

Otherwise, you would not have legal recourse against the employer as they are not required by law to pay you while on suspension and may terminate your employment altogether.

Customer: replied 2 years ago.

Then why should I have use my vaction time pay to cover for the hours I am being suspeded for. I would think that would be against the law. On top of it all I am a single parent with no other means of work aviuable in this times of ecnomical times when there is far and few jobs.I am looking since graduting but I have had no luck.

 

Expert:  Tina replied 2 years ago.
I realize you are upset with the situation. However, there are no laws requiring the employer to pay you while on suspension unfortunately.

If the employer terminates you without good cause, you would typically be eligible for unemployment benefits.

Therefore if the employer is unwilling to place you on the schedule, I would apply for benefits right away.

All the best to you.

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