Suspended From Work Pending Investigation: What Are My Rights?

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If an employee was suspended from work pending an investigation, they may feel uncertain about their rights and what happens next. In California, an employee suspension can occur for various reasons, such as serious allegations of misconduct, safety concerns, or violations of company policies, just to name a few.

At-Will Employment and Suspension

California is an at-will employment state, meaning an employer can suspend or terminate an employee for almost any reason, as long as it’s not discriminatory, retaliatory, or otherwise illegal. However, there are specific protections and rights that apply to employees facing suspension.

Paid vs. Unpaid Suspensions

In the California suspension process, an employer may suspend an employee with or without pay. While there is no specific law requiring paid suspension, the terms of an employment contract or union agreements may require an employer to pay a worker during their suspension period. For exempt employees (salaried workers who are exempt from overtime) who perform any work during the week, their pay generally cannot be reduced for the rest of that week due to a suspension.

For non-exempt employees (typically hourly workers), unpaid suspension is more common, but employers must comply with state labor laws to ensure accurate compensation for any hours worked prior to the suspension.

Protections Against Retaliation and Discrimination

Even though employers have the right to suspend other employees, they cannot do so for illegal reasons, such as discrimination or retaliation. Under California’s Fair Employment and Housing Act (FEHA), suspensions based on race, gender, age, disability, or other protected characteristics are unlawful. Additionally, employers cannot suspend employees in retaliation for engaging in legally protected activities, such as filing a complaint about workplace harassment or reporting unsafe conditions.

If a suspended employee believes their suspension was discriminatory or retaliatory, they should reach out to the employment lawyers at Lawyers for Justice, PC for a free consultation to see if they are owed compensation.

Due Process and Communication

Employees have the right to know why they are being suspended. While employers may not be required to provide extensive details until the investigation is complete, they should communicate the basic reason for the suspension. Transparency and fairness during the investigation are important to ensure that the employee’s rights are not violated.

California Employee Suspension Laws

Employees are protected from unfair treatment, discrimination, or retaliation during a suspension. Under California’s Fair Employment and Housing Act (FEHA), an employer cannot suspend an employee based on race, gender, age, disability, or other protected characteristics. Similarly, suspending an employee as a form of retaliation, such as for whistleblowing or filing a workplace complaint, is illegal.

What To Do When You’re Suspended From Work?

how long can you be suspended from work pending investigation? The length of time an employee can be suspended during a departmental inquiry or disciplinary hearing can vary. It’s usually dependent on the specific circumstances and policies of the workplace organization. It typically takes several days to several weeks, but may take longer.

can you be suspended from work without being told why? Usually, a suspended California employee has the right to know the reason for their suspension (for example, if there was gross misconduct), and the details of the decision (including if there is any disciplinary action being taken), including how long, and whether they will receive full pay while they are away.

suspended at work, will i get fired? A constructive dismissal depends on the severity of the disciplinary matter, if the employee poses a potential threat, and other circumstances. If someone feels like they were improperly fired, they should contact the attorneys at Lawyers for Justice, PC.

can my boss tell other employees about my suspension? It is legal for an employer to inform other employees about a coworkers’ suspension.

if you are suspended from work do you get paid? Usually, California employers have the legal right to suspend non-exempt employees without pay for a disciplinary reason, or pending the investigation of an employee’s alleged misconduct.

can a job suspend you without telling you why? Usually a California employee should know why they are being suspended.

is it legal to suspend an employee without pay? Yes, typically it is legal for a non-exempt employee to be suspended without pay.