Suspension Instead of Immediate Discharge Might Avoid Later Claims. If, for example, an employee can credibly claim that the employer only suspended him because of his protected class, like race, then the suspension itself could be actionable. While there are some situations where you can suspend an employee without pay, many employers do not want to risk doing so. Colorado Employment Law Letter . Suspending an employee without pay when they are entitled to receiving payment can have consequences. Need info about Florida's employment and labor laws? Some employers discipline their employees by docking their pay or putting them on unpaid suspension for violating workplace rules. Some collective agreements and employment agreements give employers the right to suspend workers without pay in some cases. Employers call this "suspending" you without pay. While employers certainly have the option to legally suspend an employee, a worker is also legally allowed to challenge a suspension from work if it seems “unfair” or “unreasonable”. In that circumstance, the employee could potentially receive compensation for the emotional distress that occurred as a result of the investigation. Employees’ right to challenge suspension. suspension with or without pay; disciplinary pay cuts ... Have the employee or a witness sign and date the warning, and have a company representative sign and date it as well. Suspension from work, without pay (unpaid suspension), is the temporary removal of an employee from performing his/her work duties and from receiving pay, as a disciplinary measure. Employment Law Handbook has free detailed information for all categories. Employers should consider suspending an employee only where the alleged misconduct is of a serious nature or of a gross misconduct nature and when it … Click to read more. The following is a list of employment laws that regulate hiring, wages, hours and salary, discrimination, harassment, employee benefits, paid time off, job applicant and employee testing, privacy, and other … The United States Department of Labor oversees and enforces more than 180 federal laws governing workplace activities for about 10 million employers and 125 million workers. If you are suspending someone on health and safety or medical grounds, because the job they are doing is posing a risk to their health, the suspension period can last up to 26 weeks (as long as your employee has been employed for at least one month). A suspension is likely to be an unfair labour practice if: But if you don't have an agreement that says your employer can do this, a suspension without pay is like being fired . If you want to suspend an employee, you may be wondering if you need to pay them during the suspension. Because the employee is still being paid, the suspension likely will not create any legal problems while the ultimate determination is under consideration. If pandemonium breaks out in the workplace or if you simply want more time to decide on appropriate employment action a suspension without pay pending investigation may be a sensible alternative to an immediate discharge. The warning should clearly let the employee know what the next step will be if the problem continues. However, the law does not require an employer to allow employees to use vacation pay during a suspension, and many employers choose not to allow use of vacation pay so that the employee will feel the financial impact of the suspension. Discipline their employees by docking their pay or putting them on unpaid suspension for workplace. Discharge Might Avoid Later Claims pay when they are entitled to receiving payment can consequences... Pay, many employers do not want to suspend an employee without is! 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