Wrongful suspension from work.

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Wrongful suspension from work.

I am a male nurse and recently had a disagreement with a co-worker. Although I would consider us on good terms she was upset because I questioned her decision. She was upset because of personal reasons going on with her child but became emotional to the point of crying. This was witnessed by a third party and reported to our manager and I was thus suspended pending an investigation for creating a hostile work environment. At no time did I raise my voice or threaten this person. I feel I am being unjustly accused because of my gender. I don’t believe this would have transpired if it had been a discussion between 2 female employees.

Asked on June 29, 2018 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It may be unjust, but unless you are right and your gender played a role, it was not wrongful: as a general matter, since employment in this nation is "employment at will," an employee may be suspended (or terminated) for essentially any reason, regardless of whether it is fair or even factually correct.
Of course, there are exceptions: one is that an employee may not be discriminated against--treated worse or differently--due to his or her gender. Since nursing is a female-dominated field, it may be that you are right and that you are being treated more harshly due to your sex. You may wish to contact the federal Equal Employment Opportunity Commission (EEOC) about filing a complaint; the EEOC can, if they feel there may be merit, investigate, then, if apppropriate, take action on your behalf.


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.

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