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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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52 years old i have been working big company year, as a

Customer Question

My name is***** 52 years old i have been working for a big company for 16 year, as a finance director , last week i was suspended from my work while i was on vacation, without any explanation, I was supposed to comeback on August 25th 2015 but this morning i ask and they told me not yet because the investigation is still in process , I also noticed that my position was posted in their website as a temporary position, I am really concern because I have no idea what is going on , please direct me with this issue
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello Shirley,
Thank you for the information. Can you tell me if you have any inkling at all what might be going on. Perhaps since you are the Finance Director it might be something with the accounts or do you have an employee you've had personnel issues with?
Customer: replied 2 years ago.
As far as i know no
Customer: replied 2 years ago.
why they posted my position as a temporary opening?
Customer: replied 2 years ago.
i am suspended with pay
Customer: replied 2 years ago.
Are you there?
Expert:  Marsha411JD replied 2 years ago.
I am and I would ask that you be patient as we assist multiple customers at a time, and I am not using chat. I will draft my response now, please do not post until you receive that response.
Expert:  Marsha411JD replied 2 years ago.
Alright, well, you are much more likely to know what this is about than I am, so I can't even venture a guess without your help. However, I can discuss the law. The law, sadly, is that, at this point, your employer doesn't have to explain to you what is going on and also could, if they choose, terminate you for any, or no, reason and with no notice, as long as they don't violate a contract in doing so. The fact that they are paying you is good since there is no requirement that employers do that when they suspend someone. The only other exception to the termination rule is that an employee cannot be targeted for termination simply because they are a member of a protected class under employment discrimination laws.
So, at his point, you will have to wait for their final action to see where to go from there. As long as you are being paid you are still employed. Once payment ends, if they haven't contacted you to explain, you should contact them and ask for an explanation. If they don't give you one, then you can file or UI benefits and, at that point, they will have to tell the State why they terminated you. Again, at that point, you can respond as appropriate.
I can't tell you why they have your job listed, again you are in the best position to know that, but it appears that they don't plan on bringing you back to that particular job if at all.
Please feel free to ask follow up questions if you have them.