California Employment Law
California Employment Law Questions Answered by Legal Experts
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
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.
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
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?
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).