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My partner was suspended after 30 years same place for no…

Customer Question
My partner was suspended...

My partner was suspended after 30 years same place for no real given reason or told how long and after contacting HR still no replys as well as director of dept. who didn't hear of a problem, what can he do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Chicago Illinois

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

He is salaried, not sure what at will would be full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Second question would be if I being his partner can sue the 3 responcible for my added depression and stress in a civil court, or is this a different matter.

Submitted: 7 months ago.Category: Employment Law
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Answered in 4 hours by:
11/24/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,930
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your post and your question. To answer your last question first, no, you would never have a basis to file suit under these circumstances even if the employer has violated the law. There is no theory under the law that would allow this in employment law cases.

As for your partner's potential cause of action, if he is an employee "at will," which most employees in Illinois, and other states, are, then his employer can take any action they deem appropriate for any, or no, reason and with no notice or warning, including suspension, termination, demotion, etc., as long as they are not taking the action due to the employee's race, national origin, gender, age (over 40), disability, pregnancy, or military service. In other words, the employer doesn't have to give a reason for their action or a timeline.

This assumes that there is no contract with the employer that says otherwise. If your partner believes he is being unlawfully targeted as I identified the reasons above, then he should file a formal discrimination complaint through his employer's HR or EO office. If they do not resolve the issue, then he can file a complaint of discrimination with either the State or the EEOC.

Otherwise, if he does not think he has a cause of action based on what I described the law to be, then he is limited in his options, which is to continue to contact HR to find out the status of his employment. If he doesn't hear back after a reasonable time, his next option is to file for unemployment and see how his employer responds. If they contact him and let him know he is not terminated, then he knows he will be reinstated. If they don't contact him and, instead, tell the State that he has been terminated, for cause, then he can have the State unemployment office subpoena his personnel file for him so that he can find out what is behind his suspension and termination.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer letting me know that I covered your question and also leave a positive rating of my efforts to explain the law as it relates to your issue, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months 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 24th. 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.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. 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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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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