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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was suspended pending investigation last week. minor incident I didn't report

Customer Question

I was suspended pending investigation last week. For a minor incident I didn't report.I drive CDL for US Foods.
Last Tuesday I tapped a sign and the camera went off. I didn't report it. I didn't think it was major. Prior to me leaving a supervisor tried to give me write up to sign from 8 months ago. Anyway Friday morning when I came off my Thursday route I was called in the office and told I was suspended pending investigation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information, can you tell me what your specific question is? Also, do you know if the Company policies require that any accident be reported? Finally, are you in a union and if so, what have they said or done?
Customer: replied 1 year ago.
Can they legally terminate me? I was told when being suspended that any incident has to be called in. But i don't have a copy of their policies. I was never given one.No I'm not in a Union Georgia is a right to work state.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the information. Georgia is, like most states, an employment "at will" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning, unless the termination would violate a contract, written policy, or is motivated by illegal discrimination because the employee is a member of a protected class. So, unless your situation falls into one of the exceptions I mentioned, you could be let go, even if you hadn't violated a policy. Please feel free to ask for clarification or ask follow up questions if you have them. By the way, although Georgia is a right to work state, that does not mean that there are no unions. It only means that there can be no forced union membership where there are unions. It is harder to get unions started in RTW states, but they do exist.
Customer: replied 1 year ago.
How long will they have me in LIMBO....I don't know if I'm still employed or what?
Expert:  Marsha411JD replied 1 year ago.
Well, unfortunately, there is no time limit on that, but you can force their hand by applying for unemployment benefits. Then they will have to decide if they have let you go or are going to schedule you for work. Otherwise, if you don't do that, you will have to continue to call HR.
Customer: replied 1 year ago.
I haven't called them at all. Don't I need separation papers to file for unemployment?
Expert:  Marsha411JD replied 1 year ago.
You will definitely want to call them before you decide to file for unemployment. But no, you don't need any papers at all. Employees can file for unemployment when their employer stops scheduling them, whether they are terminated or not.
Customer: replied 1 year ago.
So I need to call my employer first to see if I am terminated?
Expert:  Marsha411JD replied 1 year ago.
Yes, actually just as them what your employment status is rather than directly asking them if you are terminated. If they say you are still suspended ask them when they think a decision will be made. If they don't give you an answer that works for you, then you can file or UI benefits and force their hand.
Expert:  Marsha411JD replied 1 year ago.
Hello again, I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer I provided to you on the 22nd. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. 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.