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suspension question California

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  • suspension question California

    If an employer suspends a salaried employee, can the employer notify them of the suspension, then have them work 3 more days, then have them serve the suspension?

  • #2
    Yes. There is no law in any state that mandates when an employee of any pay type must serve a suspension with relation to when they are notified of it. It's entirely the employer's call.

    The only exception would be if the employee is under a legally binding contract or CBA that expressly says otherwise.
    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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    • #3
      Thank you very much!

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      • #4
        Agreed, although if the employee is both Exempt and Salaried and subject to the Salaried Basis rules (29 CFR 541.602), it raises some interesting questions if the employer tries to claim that the reason for the suspension in "major" enough to be unpaid but not major enough for the suspension to be immeadiate.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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