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Wrongfully Suspended and the position filled

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nikolasmor

Junior Member
What is the name of your state? Maryland

I was suspended pending the outcome of a circuit court case in which I was charging with stealing a wallet that was lost. I was the store manager of a major grocery store and was the last one seen with the wallet because I was looking up his information to call him. Long story short I was suspended for 3 months until the day of trial. Trial date came and the case was thrown out. Naturally, they had to fill my position. My salary before everything was about 70K. I have been with the company for 4 1/2 years. Now that everything is said and done I am, being told that the only position available to me is an overnight stocker posisition making 12.90/hr and am not even guarenteed full-time. There is a higher position open at the store I was at before but am told I cnnot take it because it is a conflict of interest involving the customer who's wallet went missing. Am I entitled to a fair job offer. I am not seeking my same position but at least something fair. What rights do I have? I am being told that I have to take this position or quit
 


cbg

I'm a Northern Girl
First of all, let's get our terminology straight. You were not "wrongfully suspended". For a job action to be "wrongful" in legal terms, it has to have been illegal for the employer to take that action. By your own description the employer had reasonable cause to believe that you were responsible for the wallet going missing. That being the case, it was not "wrongful" of them to suspend you, EVEN IF you were innocent and EVEN IF the case was thrown out of court. It was legal for them to take the action they did.

As far as your question goes, unless you had a bona fide, enforceable contract that says otherwise, they have no legal obligation to offer you ANY position back. If they feel the higher position would create a conflict of interest with the customer, they are at liberty to refuse you the position. Legally they didn't HAVE to offer you the lower paid position; they could have termed your employment altogether.

It's your choice whether you want to take the lower paid position or not, but your employer is not violating, and has not violated, any laws based on the info you have provided.
 

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