CanI be suspended for more then 5 days without pay?
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CanI be suspended for more then 5 days without pay?
I have been suspended for 5 days for unsafe action. After the suspension I was call in to give my version of the story. They say that I will be notified, probably within a week, of their decision. That means that I will be without pay for 2 weeks. Is that legal? I can’t apply for unemployment because I was not fired. I can’t do anything just wait and worry.
Asked on October 11, 2010 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In most states employment relationships are what is known as "at will", and IL is no exception. What this means is that basically an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit; including suspending an employee withiout pay. The employee in turn can work for an employer, or not, thier choice.
The exceptions the foregoing would be if there is a stated company policy contrary to the way in which your situation is being handled, or there is a union/employment agreement that does not allow for such action, or this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin). Absent any of the foregoing, your employer's action does not violate the law.
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