Suspension pending dismissal question

[J.M.M.]

Jurisdiction

New York

My fiance was just given a 10 day suspension pending dismissal notice. He was suspended because he hung up on a customer who was swearing at him, after warning the customer twice he would if he kept swearing. Thing is, the customer told him to hang up after swearing a third time!

However, when asked if he was fired they told him yes! Apparently policy is you're not allowed to hang up on a customer, if they are swearing. (fiance wasn't told this). He had no previous write ups regarding the manner for which he was suspended for.

My questions are: Isn't a suspension suppose to be an investigation to determine whether or not someone is fired and if there was miscoduct? If a decison has already been made, then why the suspension in the first place? Can we fight the suspension if termination has already been decided?

We plan to fight the termination because the union believes it was a wrongful termination. They union is fighting it as well.

 

[txls]

Let the union work it out. Yes it seems odd to me that he would be suspended if they already determined he's fired, but there may be facts that you don't know, or perhaps whoever told him he was fired, didn't really have the right to say that.

 

[adjusterjack]

You seem to have answered your own question. Your fiancé has a union. He and the union ARE fighting it which means that they obviously CAN fight it. I don't know what's in his union contract so I can't predict success or not.

I would say one thing. If he has been suspended without pay he needs to file for unemployment compensation or, by the time he's fired, he will have lost a week or two worth of benefits.

 

[army judge]

I would say one thing. If he has been suspended without pay he needs to file for unemployment compensation or, by the time he's fired, he will have lost a week or two worth of benefits.

The suspension without pay rarely ends in finding that satisfies the alleged wrongdoer.

But, what the heck do I know, I'm just a lil, anonymous, BOT squirt typing on a keyboard.

At the Internet Research Association, they call me Nikita.

 

[ElleMD]

Suspension can mean they are investigating or it can be for other reasons. It isn't unusual in a union environment to suspend pending termination. Basically they are letting him know that their intent is to terminate should there not be anything that transpires in the next 10 days to make them change their mind.

 

[cbg]

Just for the record, as far as the law is concerned, this was not a wrongful termination. It may or may not have been a violation of their union contract, but that is not the same thing. As far as the law is concerned, the termination was legal.

Whether a suspension is used for an investigation or not is up to the employer. It's not defined by law. This is between he and the union.

 

[zddoodah]

Isn't a suspension suppose to be an investigation to determine whether or not someone is fired and if there was miscoduct?

No, a suspension is not, nor is it supposed to be, an investigation. An investigation may follow a suspension, and some union collective bargaining agreements have requirements on this subject, but no law requires that, and we obviously have no knowledge about your fiancé's union's collective bargaining agreement. It's worth noting that it's not clear from your post whether your fiancé was suspended or fired.

If a decison has already been made, then why the suspension in the first place?

We can only guess. Your fiancé would have to ask his (former) employer to get an answer to this question.

Can we fight the suspension if termination has already been decided?

Any recourse your fiancé might have (there is no "we" here) depends on the terms of his union's collective bargaining agreement.

the union believes it was a wrongful termination. They union is fighting it as well.

Then your fiancé obviously should be speaking with his union rep. He can also, of course, consult with a local employment attorney.

 

[J.M.M.]

No, a suspension is not, nor is it supposed to be, an investigation. An investigation may follow a suspension, and some union collective bargaining agreements have requirements on this subject, but no law requires that, and we obviously have no knowledge about your fiancé's union's collective bargaining agreement. It's worth noting that it's not clear from your post whether your fiancé was suspended or fired.



We can only guess. Your fiancé would have to ask his (former) employer to get an answer to this question.



Any recourse your fiancé might have (there is no "we" here) depends on the terms of his union's collective bargaining agreement.



Then your fiancé obviously should be speaking with his union rep. He can also, of course, consult with a local employment attorney.

 

[J.M.M.]

He was suspended for 10 days, but when asked if he was fired, they told him he was following the suspension.