This ocurred in Virginia. An employee's spouse voluntarily quit his job. His employer requested that he work out a months notice rather than the two weeks he had stated he'd work in his resignation letter. The employee agreed to stay a month. A week later a sexual harassment charge was made against the employee. He was suspended without pay. When the investigation was concluded he was taken off the suspension and cleared of any wrong doing. When the suspended employee returned to work to finish out his notice the employer told him that he didn't need to work out the notice. The employee agreed (he didn't really feel comfortable being there since a sexual harassment claim was made and everyone knew about it). When his final check arrived, he was paid for the final day he worked, which was the first day he was allowed to come back after being cleared on the harassment charge. Isn't he owed back pay for the time he was suspended? Eventhough he had turned in a notice he was still an employee and he was cleared of any wrong doing. I realize the employer doesn't have to pay him for the rest of time he would have worked to fulfill his month's notice but I would think they need to pay him for the two weeks that they suspended him for and wouldn't allow him to work.
I would appreciate any feedback you have on this. I have been searching through employment manuals but haven't found anything to fit this scenario.

Thank you
Lindsay

Legally, no he is not. Although, that's the way most companies would have handled it.

Thank you for your quick reply although I am surprised at the answer. I would have made a bet that the company owed him back pay, good thing I didn't.

Thanks again,
Lindsay

If he is non-exempt, he never has to be paid for time he does not work. If he is exempt, the law specifically allows that he does not have to be paid if he is suspended under certain conditions, which almost certainly would be included in this instance. And an exempt employee also does not need to be paid when he does not work for an entire week.