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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I was suspended on 11/18/2015 with no information concerning

Customer Question

I was suspended on 11/18/2015 with no information concerning how long or with out pay. I work for a Camden County Sheltered Workshop as a supervisor. I have had to contact the "Director" twice of my own accord, to obtain information about this issue. No information has been provided except to tell me the board members are not yet available. When I noted to the Director that the safety violations occurring at the work shop were too numerous to count on other supervisors behalf, she informed me this was about me not them. I definitely see discrimination here and my age seems to be a big part of this with her.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

This is a tough situation and is one that at first will require patience. First things first, take a look at your employee handbook or policy and procedures manual and make sure that they are not violating your rights relative to this specific employer. Generally speaking, an employer can place an employee on leave with or without pay and does not have to give written notice. That said, if the policy and procedures state that you are afforded more, which is often the case when dealing with government sector employment, then your due process rights may be being violated and you would be entitled to some form of relief. So, that is the first thing you need to look at and it carries over to the next thing.

If you believe or have evidence that you are being discriminated against based on your age, race, gender or if you have a disability, then you need to immediately meet with your local EEOC office and file a complaint for discrimination. The EEOC will look at the matter and if they find merit, allow you to sue in federal court for damages and attorney fees.

If the employer terminates you after you file an EEOC complaint, you will also have grounds to file a retaliation suit, separate and apart from your discrimination suit.

Since you have been placed on leave, you need to go ahead and get this filing complete with the EEOC so as to cut them off at the to speak. When you meet with the EEOC be sure you are familiar with the policy and procedure relative to being placed on leave. If they have violated their own policy, then you will have better ammo to use with the EEOC in showing discrimination in the workplace.

Let me know if you have any other questions or comments.

Please rate my answer positively (three or more stars) so that I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you had any other questions or comments. I want to make sure you are as comfortable as possible as you move forward with this important issue. Thanks