What can you do if you’ve been suspended from work without cause?

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What can you do if you’ve been suspended from work without cause?

I was injured at work. I went to the ER. My workman’s comp rep called and said they would pay the claim but the rep made a negative comment to me. I told the rep not to do it again. They reported me to my job. I’ve been suspended without pay, pending an investigation. What legal rights do I have? This is an unjust suspension.

Asked on February 27, 2018 under Employment Labor Law, New Jersey

Answers:

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

Answered 3 years ago | Contributor

The fact is that you may have no rights in this situation unless your suspension violated the terms of a union agreement or employment contract. As a general rule, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This means that a worker can be suspended (or even terminated) for any reason or no reason at all, with or without notice.

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

Answered 3 years ago | Contributor

The fact is that you may have no rights in this situation unless your suspension violated the terms of a union agreement or employment contract. As a general rule, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This means that a worker can be suspended (or even terminated) for any reason or no reason at all, with or without notice.


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