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Suspension

Discussion in 'Termination: Firing & Resignation' started by beatricek36, Mar 20, 2016.

  1. beatricek36

    beatricek36 Law Topic Starter New Member

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    My husband got suspended because of something he said on his break. Now they have a picture of him that says if you see this man call 911. He said if he got sick that he would take everybody with him. He wasn't threatening anyone from work. He was making a joke. Company policy fight, intimidation or threatening follow employees or customers. They called it a violation of company policy. What are he rights?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Is he a member of a union that has a collective bargaining agreement specifying how discipline is handled?

    Is he employed by a government entity?

    Does he have a bona fide employment contract that specifies how discipline is handled?

    If the answer is no, then he has no rights to the job. He is employed at will and can be terminated for any reason as long as it doesn't violate any anti-discrimination laws.

    If he was suspended without pay then he should be filing for unemployment because no work no pay is the same as being fired. The longer he waits thinking his employer might take him back, the more unemployment benefits he loses.
     
  3. Betty3

    Betty3 Super Moderator

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    Based just on what is posted, I don't see where the employer is doing anything illegal/wrong minus a CBA or other binding employment contract to the contrary.
     
  4. army judge

    army judge Super Moderator

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    He has the RIGHT TO HIRE AN ATTORNEY.

    He also has the RIGHT to keep his mouth closed.

    SILENCE is GOLDEN.
     
  5. cbg

    cbg Super Moderator

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    He has the right to file for unemployment. He has the right to dust up his resume and begin looking for other work. While he has the right to hire an attorney, I don't know why he'd waste the money (unless criminal charges are filed against him) because not only was the suspension 100% legal, it will likewise be 100% legal if he is fired.

    He has the obligation to use his noodle and realize that there have been enough instances of workplace shootings to make that kind of "joke" very unfunny. If he has the brains that God gave the average two by four, he will learn not to make such "jokes" in the workplace again.
     

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