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I was suspended from my job. They would not give me a copy…

I was suspended...

I was suspended from my job. They would not give me a copy of the paper they made me sign and I was not allowed to use my vacation while not working. I cannot file unemployment because I am technically employed. Do I have a right to the suspension notice they made me sign ?

Lawyer's Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?

The HR and management were the ones that suspended me. The client asked me a gyration and I told him the truth and it was simply if I had been trained on something and I said no. My company told me I aired their dirty laundry.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes at will and no union.

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

Just need to know what rights I have

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Answered in 3 minutes by:
3/28/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Can you please tell me in what state you are located? Also, how long have you been suspended for, or have you not been told? I very much look forward to assisting you on this matter.

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Customer reply replied 3 months ago
South Carolina. Suspended on March 15th. They would not allow me to use my vacation while off work. The HR person called me and left a message for me to call back and I did but got her voicemail. Her call will be if I am terminated or allowed to return.

Thank you. Unfortunately, there is no law that would require an employer to allow an employee to use accrued vacation while the employee is on suspension. Paid vacation is a completely optional fringe benefit and so employers have a lot of leeway when it comes to deciding how such time can be used. As for unemployment benefits, there is no requirement that you be formally "terminated" before you collect. If you can show that you have no reasonable expectation you will be put back to work, you should be able to start collecting benefits right away, and in any case there is no penalty for applying too early and being denied. So, you might as well apply right away. That, in addition to just waiting things out, would typically be your best course of action based on the facts you have described.

I hope this helps. If there is anything else I can do for you, just let me know. It's my pleasure...

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 120
Verified
Phone call session started
Customer reply replied 3 months ago
I paid for a phone call and I want that refunded because you replied via message. How do I get my refund ? I wanted to contact the labor relations board and I got this. The government had agencies that help people and I should not have to pay.
Customer reply replied 3 months ago
Please refund my money. I am extremely frustrated and this was supposed to be the labor relations board not a private, for profit organization. I have no income and to pay this is a hardship that I do not want to incur.

Certainly, I will ensure that the money you paid for a phone call is refunded to you, unless of course you will still like to discuss matters via phone. It's completely up to you but you certainly will not pay for a service you did not receive, I can assure you of that.

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I apologize for any confusion. This is a website called Just Answer, we are not the labor board, but the labor board would NOT have been able to answer these questions for you.

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I have tried to answer your questions and am certainly happy to continue assisting you until you are absolutely satisfied.

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Customer reply replied 3 months ago
You did not answer the question about not giving me a copy of the suspension notice they made me sign. I asked and they refused.

Sorry about that. Unforutnately South Carolina has no law that would require an employer to provide a copy of a suspension notice to the suspended employee.

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If there is anything else I can do for you please do not hesitate to ask...

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Customer reply replied 3 months ago
That is crap
Customer reply replied 3 months ago
No. Thank you but please make sure I am not charged for the phone call I did not get.

I agree that it is unfair, but of course I must honestly answer your question. I would not insult you by providing false information for the sake of better news.

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I will make sure you are not charged for the phone call. I hope that my service in addressing your questions here was adequate, though obviously I wish I could have given better news.

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And I will also note that here, on Just Answer, you received a response from an attorney (me) in less than four minutes and had all your questions answered in less than 30 minutes. That is not something you would ever get by calling the labor board (the people you speak to there aren't even attorneys) or something you could get as quickly or affordably by calling local law offices. So I do hope you see the value in this service.

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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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