Employee was suspended for insubordination (lucky for them not terminated) and they feel they should be paid for at least four hours on that day. we run a small company in California and I dont believe this is true. i mean how does one believe they should be paid for getting suspended. if it is true all employees will want to get in trouble.
2007-03-12 03:21:47 · 6 answers · asked by timambrozic 2 in Business & Finance ➔ Careers & Employment
She was told suspension without pay.
2007-03-12 07:42:48 · update #1
not union nor contracted employee.
2007-03-12 07:43:28 · update #2
Im not sure about California law, but I've never heard of such a thing in my state. Unless they have a contract or union contract that specifies otherwise, they get paid for the hours worked.
2007-03-12 03:26:24 · answer #1 · answered by Kutekymmee 6 · 0⤊ 0⤋
Ok, this is the general rule of thumb. If you go to work and have worked 1min - 4 hours, and you get sent home, due to lack of work etc, the company must by law pay you for 4 hours min. However, if you are asked to leave because of insubordination then, it is up to the employer. Also, the reason the company didn't fire, is probably because the employee could then collect unemployment. Insubordination is not a good enough reason to terminate and benefits would be granted to the employee.
2007-03-12 03:34:25 · answer #2 · answered by sam 1 · 0⤊ 0⤋
Were they suspended without pay? Or are they on call?
I'm not sure about California, but here in Britain you can be suspended without pay, but it's not likely to happen. Of course, a lot depends on contracts, union agreements, what is written in company policy.
Is there an implied weekly or annual wage?
To be on the safe side, send out a memo to all employees saying there is suspension without pay for such and such behavior.
If you have a handbook amend it and send the amended one to any employee who has the old one.
Fire the other employee, perhaps give them a little money for the days they were off to keep them quiet. Tell them that they may apply to rejoin your company after a cool off period.
You're probably starting to understand why many companies outsource to the third world.
2007-03-12 03:31:19 · answer #3 · answered by dude 5 · 0⤊ 0⤋
You need to pay the employee for the time he or she actually was at work that day. If your company has a reporting pay policy (some companies pay a minimum of 2 or 4 hours if employees come in) then you need to abide by that policy. Otherwise you need to abide by the terms of your suspension policy (you DO have one of those which you referred to when you suspended the employee, right?)
2007-03-12 06:13:33 · answer #4 · answered by Mel 6 · 0⤊ 0⤋
You pay for hours worked .Period. Even if suspended employee worked 1 hour . I would be inclined to check laws in Cali for help in discharging insubordinate employees otherwise after suspension they could end up running company.
2007-03-12 03:33:52 · answer #5 · answered by sadie s 1 · 0⤊ 0⤋
It would all depend on how the suspension is set up. Some are with pay some are not.
2007-03-12 03:24:57 · answer #6 · answered by sisterchristian5 3 · 0⤊ 0⤋