Employment Suspension Question

I failed an internal check by my company. The
following policy exists
1st Fail 1 week suspension
2nd Fail 2 week suspension
This was my 2nd Fail. A counseling statement
was issued and signed by myself and the General
Manager before mys suspension. The 1st failure
was recorded and it was clearly referenced this
was my 2nd. Despite this, the written
consequence was a 1 week suspension. Both my
manager and I signed and agreed to this.
A week later, the day before I was due to
return, I was told a mistake was made and I
will be suspended for another week.
The official counseling statement clearly
stated this was my 2nd fail and the punitive
action taken stated a week suspension. The
document was reviewed by both of us before
being issued and both of us signed the official
document. I was then notified only a day before
a full week of working was to begin that a
mistake was made? Can I pursue legal action?

Asked on January 7, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

According to what you write, you should have had a two week suspension on your second fail. The employer would be keeping with its policy, with which you are aware, in suspending you another week. You have no legal grounds to challenge them over or seek compensation for them following their policy guidelines. The document you describe does not constitute a binding contract, since you did not give them anything of value ("consideration") for it. Since it is not a binding contract, it does not force them to go by what was written by mistake in it.


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