Indefinite Unpaid Suspension

[Erikblade]

What is the name of your state? New York

The day before I left for vacation, one of my managers came up to me and asked about a rumor he'd heard, something along the lines of me throwing away company property. I thought it was a gag and dismissed it. I come back from vacation nine days later to check the schedule for my hours, when the same manager calls me into his office. He informs me that I was being suspended for "vandalizing company property."

I set up a meeting with him, and the owner of the store for the next day.

During that meeting, the owner told me that he doesn't have me on camera throwing away the item in question. More than that, he doesn't believe (based on my 7 years exemplary service) that I would really be capable of this random act. Furthermore, it's my understanding that there hasn't even been an inventory check to see if the item is indeed missing!

However, there are a few employees who have said that they saw me do this. This is an outright lie.

A department meeting was scheduled to be held the day after our private meeting. I recieved a call an hour beforehand saying that the meeting was cancelled, and I was being indefinitely suspended. If I wanted to take any further action, I needed to contact my union. Unfortunately, after almost 72 hours of my initial call, I still haven't heard back from my union representative.

At this point I'm just desperate for any kind of input. I have the wheels of burocracy spinning, but lord knows when those will stop. I'd really appreciate any advice you have to share.

 

[pattytx]

You mentioned a union, so any possible recourse you may have is going to be through them. Contact your union steward.

There is no general law regarding suspensions and how long the employer has to get back to you.

Oh, and file for unemployment. I have no idea whether you'll get it or not, but even if you don't, you're no worse off than if you didn't file. If, at a future date, you are reinstated with full pay, you'd have to pay it back to the states, but you'd also have a retroactive pay adjustment for the originally unpaid time.

 

[Erikblade]

Thanks

My union rep just called me back today, we scheduled a meeting between us and the owner. So, at least that's out of the way.

Is it really possible to convict someone based on word of mouth alone? I don't know if there's an employee with a vendetta against me or anything, it just strikes me as odd that I can be fired when they have absolutely no physical proof that I've done anything wrong.

 

[cbg]

New York is an at-will state; you can be fired for any reason that does not specifically violate the law.

No law prohibits them from firing someone on suspicion of misconduct, even if they do not have proof and even if they are wrong.

Now, it might be that you have some protections under your CBA. We can't know that from here because we can't read it. But the law does not prohibit it.

 

[Betty]

You'll have to wait & see what comes out of the meeting between you, the union rep. & the owner - good luck. There may be some protection under your CBA as mentioned. If not, then this was not an illegal termination.

 

[Hot Topic]

Accept that the owner wants to get rid of you. Even if the company takes you back, you should know by now that you can't believe what he tells you, nor can you trust some of your fellow employees. Keep your eyes open for another position and leave at your earliest opportunity.