I was suspended

[Virginia Freddy]

Jurisdiction

Virginia

This is a long story, but I'll try to summarize. I was suspended from work pending an investigation. When I was first approached by my manager and director, it was supposedly about how I pinned my manager into a corner threatening her. As I already have trust issues with this manager, I just happened to record the meeting. I played it for the director. It proves beyond any doubt no such event ever happened. He said he had to talk to HR. Later that day, I get called to his office again and told to sign my suspension documentation. I was now being suspended for creating a threatening work environment to my other coworkers. I asked about the recording, he said this was no longer the issue. I asked for copies of the allegations and was told they are not available. My access badge was taken, laptop taken, accounts locked and I was escorted out of the building. The suspension document from HR wasn't even signed by HR or anyone. I was told by more then one coworker, the manager who made the initial and totally false claim is now telling them to sign statements that she has already filled out.

I'm the sole developer on a project of great importance to them and it must be completed by a certain date or it can't go live until next year. If I'm fired, this project simply won't be finished on time and they will get egg on their face and lose their project bonuses. I've learn that they have not asked any other developers to look at the project or even to start learning it. As such, I'm pretty confident their intention is to not fire me, but hold this "event" over my head and hope I keep quite.

To be honest, I'm not even sure HR is involved. Their refusal to provide documentation. How the accuser is also the lead investigator. How I have not been contacted by anyone in management or HR. How the focus of the investigation has shifted after I produced evidence that the manager was making false claims against me. And how my coworkers are being told to sign a statement typed up by the same accuser.

My questions. Should I go to HR now and inquire or wait until after the "results"?. Should I even expect HR to help me vice protect the company? Any advice how to handle the conversation when I return? Should I file a grievance against the manager? Do you think I have a legal case against the company? Especially if upon my return, they do not fire me or dock my pay but just "warn" me. If I just quit and get a new job, do I lose my right to take actions?


Thanks.

 

[cbg]

The answers to most of your questions are pretty subjective and I'm not prepared to answer them off the cuff. However, there is one that I can answer straightaway with confidence. No, you do not have a legal case of any kind against the company, even if you are fired. Unless you have a bona fide, legally enforceable contract that is being expressly violated by this action, you are an employee at will who can be suspended or even fired as the company sees fit, just as you can walk out the door with no notice and never return.

 

[army judge]

We all need to learn to control our temper.
There's no reason to allow any incident on any job to ignite our passions such that we become enraged.
If you are an employee, all you ever need to do is as instructed.
If you can't do that with ease, you're much better off seeking new employment immediately.

Once a person understands employment is simply the paid cousin of slavery, things become so much clearer.

 

[adjusterjack]

I'm the sole developer on a project of great importance to them and it must be completed by a certain date or it can't go live until next year. If I'm fired, this project simply won't be finished on time and they will get egg on their face and lose their project bonuses.

Why should you care? They are treating you like crap.

Should I even expect HR to help me vice protect the company?

No. HR works for the bosses. HR is not your friend.

Any advice how to handle the conversation when I return?

Who says you are going to return? Are you still receiving a paycheck? If not, then consider yourself fired and file for unemployment. Suspension without pay is a ploy used by employers to not pay you and at the same time avoid a UI claim. File for UI now, to protect your benefits. They are not retroactive.

Do you think I have a legal case against the company? Especially if upon my return, they do not fire me or dock my pay but just "warn" me. If I just quit and get a new job, do I lose my right to take actions?

The answers to all your questions are contained in this picture. Guess which one you are.

http://img24.photobucket.com/albums/v71/emptiness/mouse_and_elephant.jpg

 

[Virginia Freddy2]

Not sure what happened to my first log in so I made a new one.

First off, thanks for the replies. A bit disheartening but helpful.

So I was called today and officially fired and no reason given. I was just told I'm fired and they will ship me my stuff and the paperwork within a month. I've decided to file a grievance through the company in hopes to at least expose the manager.

I did think at the very least I could sue for a hostile working environment and wrongful firing for exposing that. If the manager is willing to tell others I physically threatened her, which I never did, she is capable of a lot more. I firmly believe I never would have been suspended or fired if I had not caught the manager in a lie. I honestly don't have a problem with the company, just the manager who made the false claims that got me fired.

Is there anything I can do against the manager personally?

 

[cbg]

The term, hostile work environment, has a very specific meaning in employment law and nothing you have described meets that definition. Additionally, a "wrongful termination" does not mean that you were fired for something you didn't do - it means you were fired for a reason prohibited by law. Again, nothing you have posted suggests any laws were violated.

 

[Betty3]

In at-will employment you can be terminated at any time for any reason except for a reason prohibited by law such as religion, race, gender.......or unless you have a binding employment contract to the contrary.

I don't see anything that you posted that would give you a case against your employer. You need to look for other employment & file for unemployment ins. Good luck.