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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11331
Experience:  Government and private sector employment law experience
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Is it legal to suspend someone from work without pay for 2

Resolved Question:

Is it legal to suspend someone from work without pay for 2 days, then stretch it out to five days and still refuse to tell the employee why they are suspended? The worker is a Reg. Nursing Asst at a nursing home.
Submitted: 7 years ago.
Category: Employment Law
Expert:  JBaxLaw replied 7 years ago.
Generally, there is nothing which prevents an employer from suspending or terminating an "at will" employee. If illegal discrimination is involved, then the employee does have recourse. The employee may file a complaint with the US Equal Employment Opportunity Commission (EEOC) by following the directions at: http://www.eeoc.gov/employees/howtofile.cfm

 

If the EEOC agrees, they will receive a "right to sue" letter. The employee may obtain attorney representation and file suit to recover your damages.

 

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.

Customer: replied 7 years ago.
Thank you, XXXXX XXXXX unanswered is don't the employershave to tell them why?
Expert:  JBaxLaw replied 7 years ago.
I appreciate you patience. I will clarify.

You asked:

Is it legal to suspend someone from work without pay for 2 days, then stretch it out to five days and still refuse to tell the employee why they are suspended?

Answer: Yes. It is legal. The employer may take this action. The employer is not required to provide any basis or reason for the action.

While this may seem unfair, there is no fairness requirement. I hope this is clearer.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
JBaxLaw and other Employment Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you very much. I will be using this service again, when the need arises. Great to know this is available.