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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11272
Experience:  Significant experience in all areas of employment law.
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My employer today suspend me without pay and without cause.

Customer Question

My employer today suspend me without pay and without cause. I've asked several times which they will not answer their phone they will just do it through text message why and they will not tell me. I've never been written up and never disciplined in the 3 years that i've worked there. They are telling me I need to come meet them at their HQ building which is 45 minutes from where my actual work place and home are and gave me less than 24 hour notice to be there on my day off. Do I have any rights?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, the general rule is that employment in the state of GA is "at will" absent an express agreement to the contrary. At will employment can be terminated, modified or suspended for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Since employer's don't need a reason to terminate or suspend an employee, they have no legal obligation to reveal whatever reason they might have. There is also no law requiring the employee to come in for a meeting on their normal day off to discuss whatever the issue is that prompted the suspension. However, you can argue that you are entitled to compensation for the time you spend traveling beyond your normal work commute. If that is 45 minutes each way, then you can demand compensation for 1.5 hours at your regular hourly rate, as you are arguably entitled to such wages under the Portal to Portal Act.

This would really be the extent of your recourse here, and to be honest it probably would not be the best option from a strategic standpoint when your employer already hangs in the balance to be making a wage claim on a technical rule for 1.5 hours of pay.

Really all you can do in this situation is cooperate with your employer and attempt to reason with them when they reveal whatever their reason is for taking this action against you, which I imagine they will do at your meeting.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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