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I was suspended today days without pay, due to a

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I was suspended today for...
I was suspended today for 7 days without pay, due to a conversation had by someone I supervise having an audience with one of our principals. What rights do I have
Submitted: 2 years ago.Category: Employment Law
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Answered in 7 hours by:
2/18/2016
Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. Whether you have any special rights in relation to this issue depends entirely on whether you have a contract (like a union bargaining agreement) or written policy that gives you any right to appeal or grieve this decision. In other words, under California employment law in general, if you are an "at will" employee, which most are, you have no rights to appeal or grieve a decision like this since an employer has a right to make this and termination decisions for any, or no, reason and with no notice or warning. The only exception to that absolute right is a contract that states differently, as mentioned above, and also that they cannot make their decisions solely motivated by your gender, race, national origin, age (over 40), disability, religion, pregnancy or military service.

If your situation does fall within one of the exceptions I mentioned, then you can file a complaint with your HR department if you believe you were targeted because of your status in a protected class. If they do not resolve the issue, then you will need to seek legal counsel with an employment attorney and will also need to file a discrimination complaint with the State or the EEOC.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

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Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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