Wrongful suspension?

[NCGLAM]

What is the name of your state? New York
Hi, I recently was put on suspension from a rather big corporation, and the HR department within the corporation deemed it 'unlawful suspension'. I sent in a resignation letter the day after I was 'suspended' because I was so mad about why I was on suspension to begin with, but no one has contacted me about anything. Is there anything I can do about this?

 

[justalayman]

What do you want to do. It sounds like you quit. Go pick up your pay or let them mail it to you I would guess.

 

[cbg]

Do about what? First, it is not clear whether you are asking if you can do anything about the suspension, or about the fact that no one has contacted you. Second, without knowing what the suspension was for, it is impossible for us to know what your options might be. We don't know if your HR was right about it being an unlawful suspension and if they are, we dont know which of a possible several regulatory agencies would be your next step.

 

[NCGLAM]

Ok brief story of what happened. I work in retail, I am a senior. Not a supervisor, not a manager, just a senior. We are always told that if we have an unruly customer we do NOT have to wait on them. The last night I was at work, that situation came to be. I had an out-of-control customer. I told my GM I did not want to wait on the customer because of how rude and arrogant he was being to me, and he told me 'fine, go home. your on suspension til further notice' I had to walk out in front of the whole store, my staff, and the customer feeling completely ridiculous and embarassed. I got home and decided to write a letter to HR because I no longer wanted to work for a company that would let that happen to an employee. I wrote them telling them what happened, and that I was resigning. The last I have heard from the store was that another manager from another store told me that corporate has found that the GM wrongfully suspended me, and that I might be able to get 'severance'? I'm not a legal guru, thats why I was asking what I should do? Am I entitled to something? Sorry for all the babbling, but any help would be greatly appreciated!

 

[justalayman]

It doesn't appeat that they did anything illegal, just apparently against company policy. As far as severence pay, not unless your comapny has a policy regarding this.

Have you tried to call HR and see if you can un-quit? (withdraw your resignation) or would you not want to do that?

 

[cbg]

While it may have been unfair, and it might have been a violation of company policy, no, that is not a wrongful suspension under the law. The law does not forbid an employer from suspending you for this reason, and if there is no law prohibiting it, it is not a wrongful or unlawful suspension.

Severance is not required by law. You are entitled under the law to pay for any hours you actually worked and have not yet received, and, if applicable, notification of your right to COBRA or other applicable benefits. Depending on your state law, you might be entitled to information on how to apply for unemployment - my state requires that but I'm not sure if NY does. Unless your company has a formal policy of NOT paying out any earned but unused vacation time, you are entitled to that as well. But you are not entitled by law to any severance unless you have a contract or your employer has a binding policy of paying it.

 

[NCGLAM]

Thank you for your help. And no, to answer the above question, I would not like this job back. This company (the store within the company I should say) has been treating its employees more wretched with each day that I worked there. It wasn't surprising for me to be treated this way by the GM because he swore at me several times along with other employees. I've even seen employees work shifts without lunch, then a manager would convince them to put it on a 'time-edit' sheet anyyways....its just a shame that management like that still exists. Especially when most of us are just trying to work and earn a decent living! Thank you again for your help!

 

[USNAVYO3]

Suspending an employee in contravention of a policy obviously designed to avoid workplace violence and harassment?

Has this policy been upheld uniformly in the past? Was this employee justified in fearing to wait on this customer?

If she is truly in possession of information that the company termed this an "improper suspension," or whatever the term is, her chances of securing some redress in this matter are excellent.

With all due respect, in my opinion it is not clear at all that it was "not a wrongful suspension under the law."

Not clear at all.

AAL

While it may have been unfair, and it might have been a violation of company policy, no, that is not a wrongful suspension under the law. The law does not forbid an employer from suspending you for this reason, and if there is no law prohibiting it, it is not a wrongful or unlawful suspension.

Severance is not required by law. You are entitled under the law to pay for any hours you actually worked and have not yet received, and, if applicable, notification of your right to COBRA or other applicable benefits. Depending on your state law, you might be entitled to information on how to apply for unemployment - my state requires that but I'm not sure if NY does. Unless your company has a formal policy of NOT paying out any earned but unused vacation time, you are entitled to that as well. But you are not entitled by law to any severance unless you have a contract or your employer has a binding policy of paying it.

 

[cbg]

The customer was being rude and arrogant. In what way does workplace violence come into play?

On the basis of the facts available to us, I stand by my answer. It is possible that additional facts may change my mind.

 

[USNAVYO3]

Possible harassment. Possible unequal/discriminatory application of workplace policy.

A rude customer is an angry one: I stand by my observation that violence may ensue.

My answer stated that the matter is not clear. Your answer was unequivocal and dismissive.

I stand by my answer.

The customer was being rude and arrogant. In what way does workplace violence come into play?

On the basis of the facts available to us, I stand by my answer. It is possible that additional facts may change my mind.

 

[mlane58]

Possible harassment. Possible unequal/discriminatory application of workplace policy.

How so?

As cbg asked, In what way does workplace violence come into play?

You didn't answer

My answer stated that the matter is not clear. Your answer was unequivocal and dismissive.

Thst a real arrogant answer and you are unequivocally dismissed!

 

[enjay]

I can't think of too many retail settings where you wouldn't be dismissed for refusing to help a rude customer. Retail is tougher than most people realize, and you have to deal with dozens of rude people in any given week. It's part of the job. While I agree that the manager should step in and take over for the associate, refusing to do part of your job is grounds for suspension and/or termination, company policy to the contrary or not.

 

[USNAVYO3]

I most certainly DID answer.

Go back and read my post again.

Come back and "dismiss" me when you get through three years of law school, pass the bar, and become a judge.

How so?
You didn't answer
T

 

[gawm]

I can't think of too many retail settings where you wouldn't be dismissed for refusing to help a rude customer. Retail is tougher than most people realize, and you have to deal with dozens of rude people in any given week. It's part of the job. While I agree that the manager should step in and take over for the associate, refusing to do part of your job is grounds for suspension and/or termination, company policy to the contrary or not.

I work for the biggest grocery retail co. in America. They do have harassment policies and those policies DO include customers. A customer can not walk up to an associate, cuss them out and then expect to be waited on by that associate

 

[Gadfly]

You said:

We are always told that if we have an unruly customer we do NOT have to wait on them.

Who told you this? Is policy? What is supposed to happen when you have an unruly customer?

What is a "senior?" Is that someone who is going to graduate this year, or is it a seasoned, experienced employee who should be expected to handle customers like these?