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Suspended indefinitley? North Carolina

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  • Suspended indefinitley? North Carolina

    I was recently suspended indefinitely but was told by my supervisor over her cell phone on my day off. Does anyone know if this is legal? Can a company suspend an employee indefinitely and tell that employee over the phone? Any help will be greatly appreciated.

  • #2
    Legally there is no difference between suspending (or terminating) a person over the phone or face-to-face. Nothing you have said is illegal on it's face.

    However, you probably should file for UI. That is triggered by the non-payment of wages, not the utterance of the magic words "you are fired". Past that, if you are Non-Exempt then you are probably not due any pay for time not worked. If you are Exempt Salaried, then it gets more interesting, at least during any workweek during which work was done.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you

      Thanks for the info. I'm just confused as to what I need to do now. I've been treated differently than another employee who basically did the same thing I did but with different circumstances. I did receive an e-mail from my manager stating that he would call me yesterday but he never did. There has to be some legal action that can be taken. I'm just not willing to sit around and wait for some big wig to make up his mind as to when and if he wants to get back to me on the issue. My life as I know it depends on a decision made quickly. The funny thing is that the thing that I did was minor at best but because my manager is dealing with other issues at the moment he decides I can wait.....meanwhile the bills aren't getting paid. Sorry for getting too personal......just frustrated I guess.

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      • #4
        Since there is no law that has been violated, there is no legal action that you can take. Not all employees need to be disciplined the same way (or at all) for the same infraction.

        See DAW's advice regarding filing for unemployment benefits.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks again

          Well, unfortunatley I work in a state with crappy labor laws. Seems to me the employee has little or no rights. But I thank you for your response. Your advice has been helpful. Does anyone know what exactly it takes to get the laws in NC changed? How do we begin? Does anyone care enough to make a change? Is there anything currently being opposed or being looked at?

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          • #6
            The only way to get a law implemented, changed or amended in any state is to lobby your elected representatives for that change.

            BTW, there is no state that prohibits indefinite suspensions (with the possible exception of CA) and no state including CA where it is illegal to notify you over the phone. It's by no means limited to NC. There is also no state with a mandate that all employees who commit the same offense must be treated exactly the same, either.
            Last edited by cbg; 03-03-2009, 07:32 AM.
            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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