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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116793
Experience:  20+ Years of Employment Law Experience
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Need to know where can i go if my company has suspended me

Customer Question

need to know where can i go if my company has suspended me twice for different un called for resons and brought me back with paid suspended days .but now want me to fill out an dicision making form . i feel both resons i was suspended where un justifide.but cause of my reaction of the last suspenion iam now being forced to fill out a dml form to contine my job
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you under any type of written contract or union contract? Or are you an at will employee?
Have they taken these actions against you based only on your age/race/sex/disability/national origin?
Customer: replied 2 years ago.
no contracts .and dont know about at will employee .i am fulltime
and dont think so
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
As an employee who is not under a written contract or union contract is considered an at will employee. An at will employee may be hired/fired/suspended/demoted/promoted for no reason at all or for any reason that is not based solely on the age/race/sex/race/disability/national origin and the employee has no recourse.
If an employee is suspended and it is later found the suspension was improper, then the employer has a duty to make the employee whole and you said that paid the days you were suspended so they made you whole and as such you would not have any other legal claim against the employer for that suspension.
The employer can make an employee sign a corrective action or DMI form and if the employee refuses the employer can terminate them for insubordination for refusing to sign.
The at will employee has very few rights in employment when it comes to this type of situation other than the employer making them whole if the employer determined the suspension was not appropriate. However, if the employer wants to have a DMI for the employee, unless it is being done based only on the age/race/sex/disability of the employee and the employee has to comply.
Customer: replied 2 years ago.
Okay reason i was suspended was cause i was pulled up to loss prevention office entering the office i was greeted by the supervisor of lp. he welcome me in where i had asked him what bthe reason i been pulled up for he said "oh nothing really just want to get to know you a lil better, i see you and i know your name and i know how good of a worker you are have a seat." david set on a chair infront of me and ask me to tell him a lil about myself.and how do i like workin g for macys and what type of job i did before,to asking me what and howa cocmpany can prevent lost this wentb on for about 15 minutes were i anserd every thing .after he set back and told me your name been brought up in an investigation. were i then stop him and said im done answering questions tell he eanswer mine what am i here for why am i up here ..he told me he was going to ask me a few more questions .i said go ahead but until i know what this is all about im not answering no more question. so he suspended me tell fuether investigation Now i feel my rights as a employee and a human were violated...also in a preshift meeting a few month earlier i was reccgnize by the lp manager for helpinbg prevent lose in the store .after the store manager closed the meeting with wow there you go someone that you think would be robbing the store blind happens to be helping go to show you cant judge people by there look i dont know if that was conectged with my suspentions or not but some one wants me out
Customer: replied 2 years ago.
now the reason for the dml was cause i refused to comply with the investigation .which was a lie i did like the way i was miss lead into that room and all i wanted to know was whatbthis was about bbefore i countinuing answering
Customer: replied 2 years ago.
oh and using profanity in a perfesional emviorment when i was told i was under minvestigation i said this is bullshit
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Unlike a police investigation, where you have rights, you as an at will employee do not have such rights when it comes to answering employer questions about your employment. Refusal to answer an employer's questions about your job is considered insubordination and grounds for suspension or termination I am afraid. He did not have any duty to tell you about his investigations, he had the right to ask questions and as an at will employee you had to answer any questions asked about your employment.
NOW, the comment you stated above about them not thinking someone like you would be looking out for the store, is potentially evidence that they targeted you based ONLY on your age/race/sex/disability/national origin, and if they did so that is unlawful and considered discrimination and harassment. If you can show that they were thinking you were a thief based on your age/race/sex/disability/national origin, then you have a basis for a discrimination claim and you would have to file a complaint with the EEOC as they have to issue a right to sue letter for you to go to court. The statement that you said was made above would be your support that the only reason you were targeted was for your appearance, if that was based on age/race/sex/disability/national origin and that would be your only real basis for a legal claim against the employer.
Customer: replied 2 years ago.
now how do i find out i was targeted
Customer: replied 2 years ago.
i am bald head mexican with tatoos
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
So, your national origin being Mexican would be why you claim they thought you looked like you would be stealing (bald and tattoos does not count, but Mexican sure does). You being Mexican and them making that statement that you looked like someone who would be stealing would be sufficient to claim discrimination based on national origin to the EEOC.

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