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twilliam1978
01-29-2007, 04:59 PM
I was suspended from work for two days with out warning. I was off of work and returned to find a note of suspension. I never spoke to a manager about the issue previously. Since the suspension an investagation was done and I was found not to be guilty of the action that was stated on the suspension. What are the laws about wrongful suspension? Should the company be forced to pay me for the days I was suspended? Should it be noted in my personal file that I was wrongly suspended for actions not commited?:mad:

Also if a group meeting is performed about new rules, can that be used as a first warning before a write up or should they have spoken personally on this matter?

Since the date this was posted I was to get the results of my wrongful suspension. Instead of wrongful suspension i was terminated. I asked about the results of the suspension and was informed that it was not relivant now. I tried to ask why i was terminated and could not get a reason. When i asked if i could get it in writing the tone of the conversation changed a harsh no came from his mouth. I asked if it was of my performance and was told no. They said it was because he heard things from another employee that he did not like. Would not tell me what he heard or he did not even ask if it was true. I was even terminated over the phone instead of in person. Is any of this illegal or do I have a case of any kind.... This all occured after I reported a manager and gave a heads up of what some employees thought was theft.

joec
01-29-2007, 05:04 PM
You can file in small claims for the 2 days pay,but you have to request the back pay in writing first. The suspension should be removed from your jacket.
JoeC

robb71
01-29-2007, 08:13 PM
Are you employed under a collective bargaining agreement (union)?

If yes, I'd recommend discussing this issue with your union rep. He should be able to advise on how to proceed.

Generally the requirement is that all non-exempt workers must be paid for all time physically worked. Non-exempt workers qualify for overtime pay when it's worked. Since you were not working (as a direct result of your suspension), it's my understanding that it would be lawful to not pay for those 2 days missed. I fully realize you were exonerated of wrongdoing. Many firms will extend pay under these circumstances. It's not a requirement of law; it's the policy by which many firms operate. You'll need to inquire internally to see how this is handled at your firm.

You can also double check with DLEG. They can confirm the state's position.

http://www.michigan.gov/cis/0,1607,7-154-27673-94126--,00.html

Pattymd
01-30-2007, 04:26 AM
I agree with robb71. I don't know what you would sue for, as I don't see any law that was violated.

Now, if you are exempt, there are much more limited situations under which your salary can be docked for suspensions of less than a full workweek. Without going into detail, can you give the general gist of what you were suspected of doing that caused the suspension? (Of course, if you aren't exempt, no need to answer the question.) ;)

rjc
01-30-2007, 06:11 AM
I also do not need a small claims cause of action ... moreover, a small claims court would likely have no jurisdiction to "remove" the suspension even in the unlikely scenario that you were awarded monies for those two days.

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