When suspended from work regarding incident with myself and another employee, are both parties to be suspended until resolved?

Get Legal Help Today

 Secured with SHA-256 Encryption

When suspended from work regarding incident with myself and another employee, are both parties to be suspended until resolved?

I had an altercation with another employee, however I am the only one to be suspended until further notice. Why is the other person able to continue working?

Asked on June 14, 2009 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Are you civil service (and covered by civil service rules), or union (and covered by a collective bargaining agreement)? Or does your company have a strong employee handbook setting out the policy of what to do in this case? If there is something in writing governing suspensions, what to do when there is an altercation with another employee, etc., then the company needs to follow it.

Otherwise, business have substantial discretion in how they discipline employees, including suspensions and firing. If the company concludes that you should be suspended but not the other employee, there is little you can do about it (in the absence of a contract, civil service rules, etc.), *unless* there is reason to think that the company is discriminating against you on account of a protected category--i.e. if you were suspended because of your race, religion, age, etc., then you may have a claim for discriminatory treatment.

Last possibility would be if the company suspended you but not the other person for some improper reason--the other employee kicked back salary, is in a romantic relationship with a supervisor, you're being punished for having been a whistleblower, etc. *If* you are being treated differently because of such an improper reason *and* you feel you can prove it, you may be able to state a claim.

However, again, absent a contract or other rules, discrimination, or other improper motive, companies can treat employees differently.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption