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Marsha411JD
Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 20125
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I was suspended today days without pay, due to a

Customer Question

I was suspended today for 7 days without pay, due to a conversation had by someone I supervise having an audience with one of our principals. What rights do I have
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Whether you have any special rights in relation to this issue depends entirely on whether you have a contract (like a union bargaining agreement) or written policy that gives you any right to appeal or grieve this decision. In other words, under California employment law in general, if you are an "at will" employee, which most are, you have no rights to appeal or grieve a decision like this since an employer has a right to make this and termination decisions for any, or no, reason and with no notice or warning. The only exception to that absolute right is a contract that states differently, as mentioned above, and also that they cannot make their decisions solely motivated by your gender, race, national origin, age (over 40), disability, religion, pregnancy or military service.

If your situation does fall within one of the exceptions I mentioned, then you can file a complaint with your HR department if you believe you were targeted because of your status in a protected class. If they do not resolve the issue, then you will need to seek legal counsel with an employment attorney and will also need to file a discrimination complaint with the State or the EEOC.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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