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I was originally to be suspended by my employer on May 27th…

Customer Question
I was originally to...

I was originally to be suspended by my employer on May 27th of this year for, supposedly, "failing to meet production goals". I ended up having to take a medical leave at that time and returned approximately six weeks later following approval for the medical leave and short-term disability. No one has mentioned the suspension or other corrective action since my return from that leave. But, today, as I was about to leave work, my supervisor told me "you know that suspension back in May? Just go ahead and take it now, for the next three days. You don't have to worry about coming in or anything like that." Now normally, for this company, you are required to show back up to clock in to be suspended. I was not given a reason as to why the suspension was now being enacted and I signed nothing to that effect.

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

The location I work at is in South Carolina, however the home office for the company is based in Illinois.

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

Full-time, but with the clause that the employer or employee can terminate the employment at any time. I do not recall if that clause included "with or without reason". I'm currently attempting to find my handbook.

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

I'm just curious as to what my options are.

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 minutes by:
11/27/2017
Employment Lawyer: Roy Hadavi,
 replied 4 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: South Carolina does not require that an employer provide a reason for temporary suspension of an employee. Therefore, an employer may suspend an employee (with or without pay) at any time, with or without reason. The limitation is that employers cannot suspend an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right. Since the suspension was pending prior to your medical leave, it is unlikely that you could prove that the suspension was related to the leave. If you can, then you would have a claim against the employer.

Otherwise, you really have no legal recourse for this suspension. It is best to accept it and move on from it.

I am sorry that I do not have better news for you, but hope it will not affect your rating of my services.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,213
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Experience: Attorney at Law Offices of Rosenstein & Associates

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