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If a supervisor gets touched by employee and supervisor pushes

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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Customer Question

If a supervisor gets touched by employee and supervisor pushes employee, should supervisor be only one suspended for2wks without pay?

 

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State/Country relating to Question: Oklahoma

Already Tried:
I got suspended for2wks, and other party still gets pay!

Submitted: 469 days ago.
Category: Employment Law
Value: $53
Status: CLOSED

Accepted Answer

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Expert:  Dimitry Esquire replied 469 days ago.

Thank you for your question.

The answer you may receive might not be the one you wanted to hear, so please do not blame the proverbial messenger. It is solely and fully at the discretion of the employer as to whom to suspend. Here is why:

Both parties here are "at-will" employees and the employer can utilize their own judgment and review the situation for themselves. The employer may believe one side of the story and not the other, or may simply believe that as the supervisor, it was up to that party to use more restraint in showing the employee that the touch was unwelcome. Therefore the employer could have believed that the push was excessive, or that because the person is a supervisor, is held to a higher standard. That is why there is no answer as to what "should" happen, but what has happened in your situation is not against the law or is otherwise improper.

Good luck.Dimitry Esquire40910.2271571412

Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 95.0 %
Accepts: 1631
Answered: 1/2/2012

Experience: I provide employment and discrimination law advice in my own practice.

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