6+ Week Suspension without resolution

[MainelyWrong]

What is the name of your state (only U.S. law)? Maine

I am a member of the management team for a privately held human services company which runs 10 assisted living homes for 30 MR consumers receiving state benefits. The company employs approximately 100 employees. I am not the subject of this issue, but am concerned that it exceeds anything reasonable, and is cruel to the subject employee.

The subject employee was arrested in July of DWI, and a second charge of possession of marijuana, for which she plead guilty to both charges. Fines were assessed for both charges, and her license was suspended for 90 days. At first she failed to volunteer her arrests to her supervisor, claiming that she had been in an auto accident on the night she was arrested to justify her unexcused absense from work. 5 weeks ago, without provocation, she volunteered to her supervisor the real circumstances of her absence which had occurred weeks before. She was immediately placed on suspension, pending management review. She continues on suspension today with no pay, awaiting the mangment team's review which is not scheduled for another week and 1/2. These actions are at the direction and discretion of the company's owner, not a decision of the managment team, although the owner is using the team to disguise his actions. As member of that team, I can tell you his decisions are paramount, and his actions are in-question in my mind.

The company has no decipherable employee disciplinary policy. In that, there are few expectations communicated to the employees, and no requirements placed on the company as to how to treat employees fairly. No timelines are established, and further, no real process has been defined which the employee can access. The owner states openly, "the lack of a policy is our policy". In my opinion, this has, will, and does in this case lead to discriminatory discretionary discipline, which in this case goes beyond what is reasonable - its cruel.

Issue - known prejudice: The owner has repeated to more then one mangement person, at more then one time, that the introduction of women in the workplace is at the root of many employee to employee disputes. Furthermore, that without women in the workplace he would not have to deal with so many employee issues. No such reference has been made specific to this case that I m aware of, but I believe the prejudicial baseline is sufficient to influence the actions taken by the owner in this case.

Issue - Employer Interest: The arrests occurred outside of work, on personal time. While the license suspension would restrict this employees duties, others are commonly restricted from driving company vehicles because of past motor vehicle violations, without loss or suspension of employment. Neither DWI or posession outside of work have been articulated as a disciplanary offense. It is my opinion that the owner, and company, do not have a right to institute any disciplinary action for this issue because it is outside its employment interests.

Issue - Inconsistent Application of Discipline: This default descipline (the lack of decision making is by default discipline) is inconsistent with other employee disciplin cases. Ex 1 - Male employee accused of smoking marijuana on work premises provided verbal warning because no elements of the accusation could be substiated by a 3rd person. Ex 2 - Male employee proven to have sexually harrassed another employee provided written warning. Same male employee previously fired by the company for sexual harrassment, and rehired. Ex 3 - Male employee caught sleeping on the job 3 times was afforded progressive discipline prior to being terminated. In each case, a different process was used to determine disciplinary action, and each process is different then the one currently employed in this case.

Issue - Cruel Discipline: through indefinate suspension without pay, no clear communication of a process, no expectation setting through policy, no timiely response, and inconsistent application of defacto discipline for an issue the employer has no reasonable interest in, I consider the discipline cruel, and have stated so to the owner and the managment team.

I have not consulted with the subject employee, and have not counseled or advised her regarding this issue. She has not asked me to solicit this opinion. This concern is singularly mine, and the opinions expressed here are also mine, based on 25+ years of professional experiences outside this company.

Any recommendations regarding the issue and an appropriate approach would be greatly appreciated.