Need help, wrongful suspension/ action

[hausheer769]

Wisconsin - MY wife works in a gas station, over the past couple months there has been inventory missing (>2000 a month). She, along with 2 other co-workers were suspended pending an investigation, because it is "company policy". There is no proof that any of the employee's are stealing (and the common belief is that customers are ripping off the store)

Can they do this? Can they witch hunt with-out proof? The employees have requested from the corporate office that cameras be installed, but corporate said it is not worth the cost. Can she get compensation for work missed? Can she sue for libel. My wife is not a thief, and the accusatory way that they suspended her and the other workers I find ridiculous.

I was doing some research, and the only thing that seems like it might kind of fit is 470 U.S. 532 (1985) Loudermill hearing.

Please help! If any other info is needed please ask, I would love to get to the bottom of this, clear my wifes name, and get her back working.

[ecmst12]

She can be suspended or even fired for suspicion of theft even with no evidence or proof - legally. She can file for unemployment as of the first day of the suspension though.

[hausheer769]

Originally Posted by ecmst12

She can be suspended or even fired for suspicion of theft even with no evidence or proof - legally. She can file for unemployment as of the first day of the suspension though.

Her manager told her to file for unemployment also. I am not disagreeing with your statement, but how can this be allowed (just do not understand)? I do not see how she can be suspected, without any proof. They were chosen based on # of hours worked (They worked the most over the past month or so)

She is not a thief, and the others are not either, Employee #2 is a 70 year old woman (sweet grandma type), Employee #3 is a 29 year old with cystic fibrosis, who also is a good guy.

It just seems like a witch hunt, with no proof, and really no reason (suspicion) to suspend them.

[pattytx]

It is allowed because there is no law preventing it. The employer is not a court of law and "presumed innocent" and the rules of evidence do not apply.

It is not unusual for employees to be suspended during an investigation. If she is returned to work, it is up to employer as to whether or not to restore her missed pay; the law doesn't require it.

[commentator]

Until they run up against it, people believe that they have lots more rights and protections in the workplace than they do. Convenience markets tend to be frequent offenders on how employees are treated.

She should definitely be trying to find another job not in this field. But in the meantime, yes, by all means,she should begin her unemployment process. She can file the first week she is "suspended'. This will set her up and in case they decide not to put her back to work, which they very well may do (the owner may just want to hire someone else he likes)even though they never did find any "proof" on any one, she'll be ahead of the curve on getting her benefits going. That's about the only "right" you have in most cases.