What constituteswrongful suspension?
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What constituteswrongful suspension?
I was suspended without pay and for an unknown amount of time after my work was robbed after hour I was one of the closers but wasn’t the one who set the alarm or locked/closed the doors. Do I have a case against my boss?
Asked on September 6, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do you have an employment agreement or contract, which in some either limits the grounds for which you may be disciplined or suspended, or which sets out some procedure for discipline which must be followed? If you have such an agreement, its terms may be enforced; depending on what the agreement says, this may be a wrongful suspension.
But without an employment agreement, you are an employee at will, and an employee at will may be demoted, disciplined, transfered, suspended, or terminated at any time, for any reason, by the employer. Thus, if you are an employee at will, you employer may suspend you if he or she chooses, regardless of what you did or did not do.
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