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    Wrongful suspension & termination

    Jurisdiction / State: Virginia

    I'm a restaurant manager and one morning me & my store manager had a disagreement in which she sent me home for the day 3/15/12 6am. I left a message for my supervisor to call me when he could. He finally calls round 5:00 pm and says I'm suspended until further notice. I asked what am I being suspended for. He repeats I'm suspended until further notice. So I calls his supervisor he tells me tha he was told that walked out. I told him
    I was sent home and there were several employees who can verify that. He told me to call him the next day 3/17/12 so I did he tells me he didn't get a chance to talk to anyone call him the next day so I do call no answer I Leave a message. Over the next week still no returned calls and noone verbally or written tells me what and why I am suspended. So on 3/23/12 I go to get my check I'm told they fired you and said u walked out then two employees told a manager that no he didn't walk out he was sent home.another manager came to me and told me I had been written saying I out walked and didn't turn in my keys. But if I was sent home why would I be turning in my keys is what the manager aksed me. I told her I don't know why she is lying on me. then another manager put things on the write up that werent even dealing with the situation at hand. I want to know how can u suspend somebody until further notice w/o staing what you're being suspended for then fire the person. I have no write ups with this company no previous Infractions of any kind. Is there some legal action I may take.

  2. #2
    Super Moderator Samaritan & Scholar

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    how can u suspend somebody until further notice w/o staing what you're being suspended for then fire the person.

    Because there is no law that says you cannot suspend someone until further notice, no law that says you have to say what you are suspending them for, and no law that prohibits you from firing that person.

    The only legal action I'm seeing that you can take at this time is to file for unemployment. Regardless of whether you were fired or sent home, the fact remains that they clearly do not want you working there any longer. (BTW, before you ask, yes, getting into a a disagreement with your supervisor is a valid and legal reason to suspend someone, fire someone, or both.)

  3. #3
    Super Moderator Samaritan & Scholar
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    OP, an employer doesn't need a reason to tell you to hit the bricks.
    Don't expect one, but do try to get some Obama unemployment $$$$.

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    File for unemployment benefits that will likely prompt them to decide if your fired or not.

    ParentNook parenting & relationships forum
    Yes you may email me directly

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