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North Carolina - Suspended Without Reason North Carolina

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  • North Carolina - Suspended Without Reason North Carolina

    I have been suspended without pay and without any kind of reason. All I was told is it is under investigation and management would be in contact. I have also been "ordered" by HR to not have any contact with any employee. I understand I can be suspended with pay, but can I be suspended without being given a reason? That makes it totally impossible for me to defend myself, if I did anything wrong which I am sure I have not.

    Also while on suspension, can I draw unemployment?

    We are under new management and I have had to train my new boss so I feel certain I will be terminated. Is it safe to go ahead and be looking for other employment?

    Disgusted and burned out!

  • #2
    You may not like it but it is totally legal. There is no requirement (outside of a contract) to pay you while on suspension. They also don't have to tip you off as to what is being investigated. You can always try and apply for UI, but qualifying is iffy at best. If you are unhappy there, why wouldn't you look for a new job? Did you sign some sort of contract?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Employers don't suspend employees for no reason. You may not know what the reason is, but that doesn't mean they don't have one.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Yes they have a reason just would not tell me.

        I am unhappy there and am looking elsewhere. No contracts were signed.

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        • #5
          Yes, it is a good idea that you are looking elsewhere for work. It sounds like from your first post you will most likely be terminated anyway.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            They don't want you to interfere with the investigation or have time to think up a scenario to explain away what happened. So when you are asked your side, they will get an honest reaction from you.

            It does sound like looking for another position is in your best interests. If you find one, you can always resign even while suspended.

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            • #7
              My concern in applying for another position elsewhere, how much can my current employer disclose to a prospective employer? I have no problem being honest and up front with any possible employer but I don't know what to be honest about, other than I am on suspension. Why would anyone hire someone that is on suspension elsewhere?

              Also, my boss sent out the following email about 45 mins after I was suspended:

              "This is to inform all staff that there is a personnel matter involving *&^%^&*&^%^&* that we are investigating. He will be absent till further notice. There will be no further information disclosed at this time. Thank you for your cooperation in this matter."

              That is word for word, except I left out my name. Is sending that type of email legal?

              Up to this point I cannot think of anything I have done wrong so I am considering retaining an attorney for slander / libel. Any thoughts or ideas there?

              All this not knowing is killing me.

              Comment


              • #8
                Yes, sending out an email like that is legal.

                An employer may give out any information that is true, that they have a good faith belief is true, or that represents their honest and supportable opinion.

                At the present time you do not have any kind of case for libel, slander, or anything else that I can see. No false information has been provided to anyone. It is true that there is an investigation. It is true that you will be absent until further notice. There has been no slander.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  I appreciate everyones replies.

                  I understand no libel or slander has occurred, yet. I will not know that until I know the complaint against me. I guess I should wait until I know more before contacting an attorney.

                  Thanks again to everyone.

                  Comment


                  • #10
                    Even after you are told of the reason for the suspension, there is still no slander until or unless information that is FALSE and that they know or should have known is false, is given to a third party and you suffer damages as a result.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Agreed. Also the legal burden of proof for those requirements is on you, not the other party. It is very difficult to win a slander case in a labor law context.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        NC -Employers have qualified immunity for disclosing under certain conditions current or former employees' job performance to prospective employers. Employers aren't required to give references. NC Gen. Stat. 1-539.12
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          I finally get a conference with my boss and Im assuming HR this week. I have no idea what to expect. I am guessing I will find out what is going on / reason for suspension. Are there any questions I should ask or any other info I should request? Depending on what happens is it OK to resign? If I resign, does my employer have to pay me out my earned vacation time?

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                          • #14
                            What you request and whether or not you resign is up to you. We can't tell you that.

                            As for vacation payout, in your state that depends on your employer's policy http://www.nclabor.com/wh/fact%20she...misedwages.htm
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment


                            • #15
                              If you resign you won't get UI. If you let them fire you, you might get UI. Given that your employer is legally free to tell prospective employers why you terminated (whether voluntarily or involuntarily), the second option looks better for you financially.

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