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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4007
Experience:  Contracts, Wrongful termination and discrimination
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What must I do to be compensated for work hours eliminated

Customer Question

What must I do to be compensated for work hours eliminated by a work suspension that is being investigated. I was harassed and told my supervisors what happened and I got suspended without pay. It has been two weeks and I don't know if the suspension is official because it was never stated to me in writing that I was suspended. Can I go to work, get Unemployment, or is there a lawsuit for back pay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.

Hi,

Thank you for your question.

The law in PA grants employers far more rights and protections than it does employees. The employer has the right to terminate you for any reason whatsoever, and it does not have to explain the reason why to you. In your scenario, you have been suspended for some cause, but the employer has not told you why. Your employer is not obligated under the law to provide you with a reason for the suspension.

You cannot go to work for your employer unless your employer instructs you to.

Because you were suspended for cause, you are eligible for unemployment benefits unless you can prove that the reason for your suspension is not for cause but was a disguise for a layoff in order to get around paying you unemployment benefits.

There is no claim for back pay unless you can show that your suspension was due to illegal discrmination by your employer or in breach of a written employment contract.

Please let me know if you have any further questions.

Good Luck,

ZDN

Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4007
Experience: Contracts, Wrongful termination and discrimination
Zachary and 14 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

There is no claim for back pay unless you can show that your suspension was due to illegal discrmination by your employer or in breach of a written employment contract.


 


What is needed to prove discrimination on their part?

Expert:  Zachary replied 1 year ago.
Discrimination is illegal if you can show that the reason they suspended you was based on your race, gender, national origin, religion, and/or age.
Customer: replied 1 year ago.

I was harassed at work by a veteran employee with the Commonwealth of PA.

I was pulled off the floor by my supervisor and segregated from the population.

She pulled me into a side room and then had other managers come in and interview me.

They insisted that I was upset and when I told them explicitly what had had to me bu their worker, and delivered to them my time documented email to my supervisor the facts of the event as they happened; they had me sign a witness statement about the harassment, and still interrogated me as if I made something up.

My supervisor Gwen Sherow started yelling at me from across the table insisting that I was mad on the floor, and I testified that I was not displaying those values, she became angry and more insistent that I was upset because I was seen moving from desk to desk making calls.

And I explained to her in front of the tribunal, that if she got the message from the hr manager Lisa Leonhard who withheld pertinent and time sensitive information from my supervisor Sherow; that my phone was disabled at my desk, she would have understood why I made my telephone interviews at an empty desk across from mine where I used to sit. That telephone worked. I was never supervised on my workload that day, but rather pulled off of my completed work load to be interrogated by managers at the bewist of Gwen Sherow's interpretations of non verbal data and the testimony of David Stern the assailant.

My supervisor never addressed me personally about my behavior on the floor, they rather had the entire department stare me down for a half and hour to monitor me. I take this as harassment and discrimination, because me supervisor knows and told the entire training staff in our intro meeting that"she knows that someone has benefits right now" and" your information is safe with me." then she proceeded to jokingly say" I wish I had that many food stamps". I take this as discrimination and a disclosure violation because I am a recipient worker at DPW and that information was not necessary to do our job that day or any day for that manner. I really feel that after that was disclosed to the management she held that against me and treated me with daily hostility and disregard for any professional atmosphere. She was not aware of my phone being off, she failed to pull me aside right away when she found out there was a problem; and she suspended me without any reason of why I was suspended other than we will send you a letter. I need my pay for these weeks plus my job back without the harassment. I am a veteran Marine parent on Tanf benefits who was legally qualified, interviewed and hired at DPW. My job performance was great and that is why the have not got back to me because they have got make my firing about something other than what happened. Their veteran guy who I witness destroy clients documents by throwing acting accounts non scanned information into the trash, looking at me like say something punk. This guy called me a rolling stone after asking me about my children and how many I had and where do they live and loudly to everyone in a fifteen ft hearing radius. I told him that I don't want to talk about my personal life with him at work. Conversation was over at that point. He then proceeded to berate me about it and swear that he was going to fix me as he walked away. That is what he planned to do and the supervisor conspired in it and the HR staff. Without notice and an explanation they sent the security guard in to escort me out of the building before I could finish my statement. It was like the were trying to hush me up about the event once they got my statement and facts. They never sent me any written notice about the event or findings of their investigations in the last two weeks. They never told me my rights to appeal this decision or to seek arbitration. The HR staff is severely mishandling the case because she is also the EEO officer for the department. I feel that my 14th amendment rights and veteran rights have been violated and I need this situation correctly swiftly and immediately. Can you recommend help Sir or Mam.

Expert:  Zachary replied 1 year ago.

Have you filed a claim with the EEOC?

You've explained a situation that doesn't sound like you were treated fairly, but how is this discrmination based on your gender, race, religion, national origin or age?

Customer: replied 1 year ago.

somehow I believe my background and race play into the matter when they selected me for removal and did not treat me the same way they would have treated any other whistle blower.

Expert:  Zachary replied 1 year ago.

OK! Then what you need to do is file an EEOC (Equal Employment Opportunity Commission) claim based on race discrimination. To do so.

To do that you will need to go to the nearest EEOC office to file the charge. You will want to contact your nearest EEOC office by phone first to ask about whether you need an appointment or whether you can just walk in. They will let you know what you need to do. http://www.eeoc.gov/employees/howtofile.cfm

Once you get the EEOC claim started, this can potentially get you reinstated and get you back pay if you are able to prove that race was the reason for your dismissal.

-ZDN

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