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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Is there a California law or rule that allows employers to

Resolved Question:

Is there a California law or rule that allows employers to put someone on a Suspended pending Investigation for five days? Where can I read this law or rule?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning WIllie,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

No, there is no law or codified rule which specifically either allows or prohibits an employer from using suspension as a tool. As it is not prohibited, it is automatically allowed under the law.

The suspension may be with, or without, pay. If it is without pay, and you are off for more than 7 days, including weekends, then you are eligible for unemployment benefits through EDD because you have not been terminated for cause, you have simply not been offered work.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

Customer: replied 1 year ago.

In my union contract, the employer has three days to disciplined someone.


 


If someone is placed on a five day suspension pending investigation, then is fired. Wouldn't the union contract protect the employee?


 


 



h. Discharge and Discipline. No employee shall be discharged or disciplined without just cause unless the employee is within his sixty (60) day probationary period. Disciplinary action shall be taken upon employee within three (3) working days of the date of the alleged violation, or the date the violation came to CPC's attention.


 


If an employee is directed to provide documentation to justify an absence, disciplinary action may be delayed until three (3) working days after the employee provide such documentation. Documentation must be provided within seven (7) calendar days of the alleged violation, or the date that the violation came to CPC's attention.

Expert:  LawTalk replied 1 year ago.

Good morning Willie,

You asked: If someone is placed on a five day suspension pending investigation, then is fired. Wouldn't the union contract protect the employee?

Unions are known for failing to protect employees in so many situations. I empathize with your situation, but unfortunately I hear this complaint hundreds of times a year. Unions are in it for themselves---for the upper echelon of members and the folks running things, and not so much the individual member.

h. Discharge and Discipline. No employee shall be discharged or disciplined without just cause unless the employee is within his sixty (60) day probationary period. Disciplinary action shall be taken upon employee within three (3) working days of the date of the alleged violation, or the date the violation came to CPC's attention.

This does not mean that you cannot be suspended for 5 days. It only means that the employer is supposed to discipline or take action within 3 days of the act they claim is worthy of discipline.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Willie. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 1 year ago.

You're welcome


 


If the employer was going to fire you shouldn't they have done it in three days or did the suspension over ride the three day rule?

Expert:  LawTalk replied 1 year ago.

Hi Willie,

There is no requirement that the final punishment be ordered within 3 days. They are allowed to investigate. There is no time line for a termination---and it could legally occur months after the investigation is begun.

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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