I have been with my employer for 3 years and in May i was suspended on full pay while they investigated an allegacy against me (which they have no proof. It was someone who just before leaving said i was up to no good)They have been paying me okay up until last week.Now a new manager as joined the branch and is saying he is not willing to pay me until they decide if there taking me back or not.Is he allowed to do this and what are my rights. please help!
2007-09-27 09:25:48 · 14 answers · asked by karim 1 in Politics & Government ➔ Law & Ethics
Whatever the reasons for your suspension, the fact is, that you were suspended by your company on full pay.......If a new manager takes up a position, he can not change this condition without full consultation with you and a witness (if you desire). Also, they will look very foolish after all this time for not resolving the issue earlier.....Tell them that they are making your situation un-tenable and that is tantamount to constructive dismissal.......you can also speak to someone at the job centre who will probably be quite interested in what is going on. There mode of conduct at this precise time is not going to be conducive to their reputation either.
2007-10-01 10:10:43 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The good news is that since you have been with your current employer for over twelve months you are a "protected" employee and cannot be unfairly dismissed without "reasonable cause".
You really need to check your employer's policy on disciplinary matters. It may be very helpful to request an urgent meeting with your manager to discuss the current situation. You need to request a date from them when you are able to return to work and back to your normal duties. You also need details from them of the exact allegations you are facing. If it is helpful, it is usual practice when you attend disciplinary hearings to take another person along with you. After the meeting, or during the meeting if possible, take a note of what has been said to you which will be helpful if you need to appeal against any decision made at a later date.
Finally, your employer cannot withold your salary under any circumstances. You are contractually bound to receive your usual pay, accrued holiday pay and any bonuses etc.
If your employer is not willing to hold a meeting with you and/or reinstate your salary payments, it would appear that you would have a very strong case of 'constructive dismissal' claim. Try the Employment Tribunal website or ACAS which both have useful information. If you are going to bring a claim against your employers, you must do so within twelve weeks.
I hope all goes well for you!
2007-09-30 09:37:04 · answer #2 · answered by Shelby P 2 · 0⤊ 0⤋
It is illegal. They can't suspend you and not pay you becasue you would still be coming in were it not for the suspension. The manager sounds like a maverick dick who does not know what he is talking about. Call a Union or Citizens Advice they will be able to help you.
Incidentally. Being suspended does not mean you have been fired.
2007-09-27 09:34:09 · answer #3 · answered by Mitch Connor 5 · 0⤊ 0⤋
this is an issue covered by state labor laws, so it depends on the state that you live in. The act of suspension WITH pay is one taken to remove a possible threat to the business (you) without exposing the business to wrongful temination lawsuits, the act of suspension without pay is a way to get an employee to quit, thus reducing costs of unemployment payouts. I would contact legal aid or the labor dept for your state for clarification of your rights. And I would look for a new job.
2007-09-27 09:32:16 · answer #4 · answered by rickb3825 3 · 1⤊ 0⤋
They've been investigating since May? Tell him there's been more than enough time to resolve this issue and you either want re-instated as of his refusal to pay you or action taken that you can appeal to the LAbor relations board.
2007-09-27 09:29:56 · answer #5 · answered by wizjp 7 · 1⤊ 0⤋
California has the State Department of Industrial Relation which helps people receive their unpaid wages. Call your Governor's Office and ask if there is something similar.
2007-09-27 09:29:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Please don't worry at all sweetheart because all you have to do is look up the ACAS site and all the rules, rights, everything is spelled out in east to understand English not management speak. Try it if not nip down to your CAB and they will calm your rears in about ten minutes. Good luck - my gut feeling is that they have not followed the rules - warnings, discipline, warning letter etc., even if you were guilty.!!
2007-09-27 09:31:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
hopefully you have something in writing that states you were suspend "with pay" while under investigation. If so you can bring to their attention that they are illegally changing a written agreement.
2007-09-27 09:41:35 · answer #8 · answered by buggerhead 5 · 0⤊ 0⤋
was it in writing? if it was than he can't renig on the agreement If not you might have to investigate further and maybe try to find the previous manager
good luck with your job
2007-09-27 09:29:40 · answer #9 · answered by Mystee_Rain 5 · 0⤊ 0⤋
If you are suspended without pay you can file for unemployment.
2007-09-27 09:28:42 · answer #10 · answered by PJ 5 · 0⤊ 0⤋