Suspended with out pay Arizona

[coquillard]

Had an accident at work where a pice of equipment fell off the table causing damage to the customer unit (no company policy or standard practice was violated). The end result was the company had to pay 20,000 for repair. This happened in Sept and today they notified me that I would be suspended with out pay on Wedensday. They said the accident was because of carelessness, which is outlined as an action that will start the 4 step disciplinary process outlined below.

As per the company hand book there is a 4 step disciplinary prosses.
STEP 1 - Oral warning no more mistakes in 6 months (never happened)
STEP 2 - No improvment with 1 month, talked to again and explained to that they maybe suspended. (Again, never happened)
STEP 3 - Suspended for X days
STEP 4 - Termined

While this may not matter. There was another person who had an accident that cause damage to the company van and customers fence. While I'm not sure of the final cost (company van and customer fence), that employee was given a plaque with the door handle from the van door the company had to replace. The person was never suspended.

Do I have an argeement. Thanks for any help that can be given.

[Betty3]

There is nothing illegal done by your employer here. Every employee doesn't have to be treated the same (as long as you aren't discriminated against due to a protected "class" - ie age, gender, religion) & every situation isn't the same.

Most co. handbooks have a "disclaimer" that it can be changed at-will (at any time) & that exceptions to the procedures/rules can be made.

[Pattymd]

Two important questions, are you exempt or nonexempt? And if exempt, were you suspended for a full workweek or less than that?

[coquillard]

There is nothing illegal done by your employer here. Every employee doesn't have to be treated the same (as long as you aren't discriminated against due to a protected "class" - ie age, gender, religion) & every situation isn't the same.

Most co. handbooks have a "disclaimer" that it can be changed at-will (at any time) & that exceptions to the procedures/rules can be made.

Betty, thanks for the reply

Two important questions, are you exempt or nonexempt? And if exempt, were you suspended for a full workweek or less than that?

Patty - I'm an hourly employee? Is that what you are asking? Will it matter/

[coquillard]

Also I was suspended for 1 day. Thanks for the help.

[Betty3]

It seems you are non-exempt (receive overtime for example) - reply in post #2 will apply.

Exempt employees cannot be suspended for less than a week w/o pay except in certain circumstances but non-exempt employees can. Exempt employees also don't have to be paid overtime no matter how many hrs. they work.