Can an employer require you to come to work when you have been suspended

UPDATED: Sep 30, 2022

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Can an employer require you to come to work when you have been suspended

I received a 4 week suspension and during my third week of suspension, my employer is requiring me to come to work to perform work qualification requirements.

Asked on June 15, 2016 under Employment Labor Law, Nevada


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As long as you are still employed with your company, then yes you can be made to go to work even while on suspension. The fact is that in an "at will" work relationship an employer can set the conditions of work much as it sees fit. That is unless this action violates the terms of a union agreement/employment contract or in some way constitutes some form of legally actionable discrimination. That having been said, if you are on an unpaid suspension, you are entitled to be paid for the time that you go in since it constitutes compensable work time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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