I work for HMS Host in Charlotte, NC. On Monday I was confronted by the loss prevention officer and suspended for 3 days for investigation of not ringing up sales. I work as a server in a small bar setting. Do I have any rights in this matter? Do they need to show me any evidence to suspend me or fire me? they never said exactly what I did, or actually said they had evidence, everything was implied. When I refused to confess to anything, that's when they suspended me. I am supposed to go back in for meeting today.
2007-03-16 03:37:57 · 6 answers · asked by jesswilkins 1 in Politics & Government ➔ Law & Ethics
I didn't steal, but a co-worker who did got fired last week and the rumor mill says he ratted on everybody to save his...... Another girl got interrogated yesterday but they let her go back to work.
2007-03-16 03:44:58 · update #1
Your rights have not been violated.
Your employer can suspend you for cause, as can any employer who runs a business that is NOT unionized, and your employer can terminate your employment for cause as well. If you've been suspended because of a Loss Prevention investigation, then that's enough cause. They should, however, tell you why you're being suspended and what you're suspected of.
Once the investigation is over, your employer can either bring you back to work or terminate your employment. If he/she decides to terminate your employement, they MUST TELL YOU WHY. If you are terminated for something that you did not do, then you can contact your local labor board and file a complaint to get your job back. But if your employer is going to do this, would you really want to work for him/her anyway?
If the investigation proves wrongdoing on your part, your employer most certainly can terminate your employment; he/she can also file criminal charges against you. If that happens, I suggest you get a lawyer immediately.
I'd be interested to hear how this turns out....
2007-03-16 03:44:34 · answer #1 · answered by Team Chief 5 · 0⤊ 0⤋
I had a similar experience. They do not have to show you any evidence to suspend you. They suspend you on suspicion, in order to "investigate". I was fired without ever being showed any evidence. In fact, they had me arrested and put through the system. There was a security camera at all times, and they watched and SAW that I never did anything wrong, but still pressed charges and had a warrant issued. They ended up firing the real thief a month later. I know my rights were completely violated by being arrested and tried in court when they had a videotape that showed them I had never done anything wrong. Definitely get a lawyer. There are agencies that will help you find a volunteer lawyer if money is an issue.
2007-03-16 10:46:31 · answer #2 · answered by Christi G 2 · 0⤊ 0⤋
depending on the law from where you are, normally an employee is entitled to know the specifics of the charges against him, the evidence against him and the provision of the HR manual that was violated by his acts through a written notification. suspension is normally allowed only to prevent tampering of evidence and the same cannot exceed a certain period, again, depending on the law where you are. the employee would also be entitled to present evidence in his defence (you said you are scheduled for a meeting today, that may count for the required hearing), which need not be in a trial-type proceeding. finally, the employee is required to be notified of the finding of the company based on the evidence presented during the hearing.
the law usually requires a valid cause for dismissal and due process as outlined above. best of luck to you
2007-03-16 10:45:50 · answer #3 · answered by Ray 2 · 0⤊ 0⤋
Your rights are totally dependent on the state you're in. When in doubt, check with a lawyer.
2007-03-16 10:43:33 · answer #4 · answered by ckm1956 7 · 2⤊ 0⤋
Yes like the girl said, get a lawyer.
But just out curiosity, did you really steal?
2007-03-16 10:42:16 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Get yourself a lawyer.
2007-03-16 10:41:03 · answer #6 · answered by kja63 7 · 0⤊ 1⤋