[mdebnam]

I work in California. I was just suspended based on a accusation another employee made about me in regards to policy. My employer won't tell me what was said by the other employee which makes me very mad. Do I have no rights as an employee in California? Oh and by the way, the same person making these unknown accusations about me has a friend who works there that is having an affair with a supervisor that is married yet she won't tell on them. Apparently I have to be part of her friends network to not follow policy. I might get fired here and I don't know why.

Mike

[Clough]

Hi, mdebnam!

Were you suspended with pay and what specifically was the accusation concerning as regarding policy, please? Are you a member of a union?

Also, is there an employee handbook and/or guidelines in writing as to the rights that you have as an employee where you work? If there is documentation that's available to you from your workplace, I would suggest that you ask for a copy of it and also anything else that's been documented about you at your workplace.

Thanks!

[excon]

Hello m:

If you are not a member of a union, have an employment contract, or are not a member of a protected class of workers, you can be fired for ANY reason, or no reason at all.

Yes, you have rights as an employee - just not a right to the job.

excon

[mdebnam]

Hi Clough and thanks for the reply. I can get a employee hand book. I have not been told what kind of suspension I am under. Not a member of a union. I have been given no details what's so ever even when I have asked repeatedly for them. I am not worried about getting fired. What I am worried about is not getting unemployment if I get fired because of something they "say" I did.
Thanks!

[Clough]

Hi again, mdebnam!

Please document anything that's said between you and management or even another employee concerning your situation. Also, when speaking with anyone in person, please have a witness present who you know would be sympathetic to what you are wanting to know and trying to do.

It might also behoove you to at least inform an attorney as to what's going on.

Thanks!

[J_9]

What reason was given for your termination?

Many states these days are work at will states. This means that they can let you go for any reason they choose.

[mdebnam]

OK its day 4 of my suspension with out pay. I still have no reason for it in writing nor have I signed a single thing. I have emailed corporate and all they can say is that they will try and resolve this as soon as possible. I know I work in California but there has to be something that can be done. I'm reading online in CA that they can suspend me for as long as they like with no reason what so ever but are there some limitations!? I'm still a human with financial responsibilities and should have some rights... right?
I'm not eating much and I'm having a horrible time sleeping now. This is just crazy. Please help.

Mike

[excon]

but are there some limitations!!!??

Hello m:

Nope.

I'd call corporate again, asking them to make their determination TODAY, because each day they don't, if they let you go, which they'll probably do, they're cheating you out of your unemployment benefits.

excon

[mdebnam]

Hello XYZ,

Tomorrow will be day 5 of a suspension for which I know little to nothing about. I have been written up in the past for things I have no issue talking blame for. This time, however, I am completely dumbfounded beyond words. I want to ask you for a couple of things and while I don't pretend to be entitled to these things I will ask anyway. I would like to see the official complaint against me and any paper work resulting from it and I would like some sort of resolution by tomorrow. Once again, I don't demand these things but I am asking. I have been suspended for a reason I know nothing about and with out pay for 5 days this tomorrow. I have been asked to sign nothing as I have seen nothing. I have bills to pay. I want to work. I want to sleep with out having to toss and turn till 6 in the morning. Please take what I have asked into consideration.

Thanks,

Mike

I just sent this today. Hopefully it will get things moving. I'll keep you all up to date as things unfold. Not that this is at all interesting but I'll update anyway.

[Clough]

Hi again, mdebnam!

If you were to resign, would you have to give them a certain amount of time, after submitting your resignation, before you actually stopped working for them, please?

Thanks!

[mdebnam]

Hi Clough,

Yes they ask for the typical 2 week period.

Mike

[Clough]

Hi Clough,

Yes they ask for the typical 2 week period.

mike

I'm assuming that the information concerning that is in the Employee Handbook. Is it?

[JudyKayTee]

This is a legal board and if that is the letter you sent, you made several mistakes, including admitting to past problems.

The letter should have stated (simply) that you have been laid off (or suspended or whatever "they" are calling it) and you demand to either be reinstated OR terminated so that you can collect benefits and you further demand the know the reason why you are suspended/terminated.

They don't much care if you can eat and sleep.

You need to DEMAND documentation in order to have an action if/when they don't supply it.

As everyone has said, unless you are a protected class (Union, employment contract) you can be fired at will anywhere, California included.

[mdebnam]

The letter was simply sent to my corporate office in Ohio. Out of curiosity... the supervisor that is getting me in trouble because she "thinks" I broke policy when I have not knows of people actually breaking very big policy. One of her normal employees under her(who is a friend) is having an affair with a manager/supervisor who is married. She won't and has not done anything about it. I apparently don't have the same protections at the company based on affiliation. Do I have a case against them on that should I chose to do something?

Thanks again
Mike

[JudyKayTee]

No, you don't have a case - they were informed you did something wrong, you are being punished.

If you had an affair and the circumstances were exactly the same and you were fired and the other person was not, then you would have a case.

So find someone else in your same situation.

Instead of going back and forth here why aren't you trying to get reinstated?

[mdebnam]

I have been trying to get reinstated. Called the corporate 3 times today and left messages and no call backs. Sent out that email last night and no reply. Should I send out another email that is professional and more demanding? I've called my actual work place and they say its in the hands of corporate. I just don't know what else I can do. Should I call some sort of labor board?

[JudyKayTee]

First, an email is NOT professional. Write them a LETTER and send it by US Mail.

You keep asking the same question and I keep giving the same answer: "The letter should have stated (simply) that you have been laid off (or suspended or whatever "they" are calling it) and you demand to either be reinstated OR terminated so that you can collect benefits and you further demand the know the reason why you are suspended/terminated.

They don't much care if you can eat and sleep.

You need to DEMAND documentation in order to have an action if/when they don't supply it."

[mdebnam]

I finally got a follow up email but from a different person at corporate. She wrote that she wanted to have a phone conference with her, my manager and myself today. This ought to be interesting.

[excon]

Hello again, m:

The good news is that they could have fired you hands down. The phone call DOES indicate that they're trying to save your job. I would be conciliatory, but I would not admit to anything criminal.

If you just insulted somebody, you can admit to that and apologize.

excon