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Contract signed then using suspension as discipline

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Madorkabell

Junior Member
I am in Georgia. I work in a specialized field and am exempt. I have been working for this employer for about 7 months.
I recently had the employer send me home on a one day suspension because it was my week on call and I took a vacation day to go to my spouse's grandmother's funeral. I missed two emails during the vacation day I took. The response was that he sent me home the next day after I came in with no pay.
My question is that when I was hired, I signed a no compete contract. I was told I was not allowed to do any work in my field outside of what I did in the business and had to drop all of my personal clients I had on the side from before I was working there. I was told specifically that I had to stop any work for anyone I knew. With this in mind, is it legal for them to use suspension with no pay as a form of disciplinary action considering I have signed a contract saying i can not make up this money outside of working for them?
 


PayrollHRGuy

Senior Member
There are problems with that but they have nothing to do with your non-compete or your inability to "make it up" with outside work.

According to https://webapps.dol.gov/elaws/whd/flsa/overtime/cr5.htm#2

Under what circumstances can an exempt employee be suspended without pay?

An employer may impose in good faith an unpaid suspension for infractions of workplace conduct rules, such as rules prohibiting sexual harassment, workplace violence or drug or alcohol use or for violations of state or Federal laws. This provision refers to serious misconduct, not performance or attendance issues. The suspension must be imposed pursuant to a written policy applicable to all employees.
There is also the issue that if you came in and did any work during that day they sent you home you are required to be paid for the whole day even if you otherwise met the above requirement.

That said, you need to pick your battles.
 

cbg

I'm a Northern Girl
Good catch; I missed that he was exempt.

Suspending you without pay is legal in some circumstances; this is not one of them - it is not legal to suspend you without pay for this reason. However, there's more of a problem here than just picking your battles; there's also the fact that you are in Georgia, where the wage and hour laws are weak at best and the DOL is only going to kick any complaint over to the Federal DOL. If it goes to the Federal DOL, the most likely outcome is that after about a year the DOL will order your employer to pay you for the day. The employer will not be fined or punished in any way; you will not receive a penny more than the pay for the day. No penalties, no windfalls.

There are not going to be ANY circumstances where suspending you is illegal BECAUSE of the contract you signed. The reason it's illegal in this case is that the reason for your suspension is not one of the few in which the employer can suspend an exempt employee without pay. It IS legal for you to be disciplined for this reason - just not by suspension without pay.
 
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Madorkabell

Junior Member
Yeah, I realize that the not paying me for a day when I am salary thing is not right. I also realize that i set i was there working for about 15 to 30 minutes before he pulled me into his office that day. And I realize that me working the days that I have put in for vacation time and them taking the vacation ours anyway isn't completely right either. None one of those are battles I am willing to fight unless they decide to fire me over the missing emails which they have threatened to do.

The part that gets to me is that they are willing to make it so I can't work outside of their employment but then send me home and not pay me. The end result is the same now that I know how they handle any situations that they don't like. Just trying to figure out what I have to make sure I have enough time to find something elsewhere.

I appreciate the responses
 

cbg

I'm a Northern Girl
Salary and exempt are not synonyms. Not all salaried employees are exempt; not all exempt employees are salaried. It's because you are exempt, not because you are salaried, that this is an issue. If you were salaried non-exempt he could suspend you without pay and the law wouldn't care in the slightest.
 

Madorkabell

Junior Member
Good catch; I missed that he was exempt.

Suspending you without pay is legal in some circumstances; this is not one of them - it is not legal to suspend you without pay for this reason. However, there's more of a problem here than just picking your battles; there's also the fact that you are in Georgia, where the wage and hour laws are weak at best and the DOL is only going to kick any complaint over to the Federal DOL. If it goes to the Federal DOL, the most likely outcome is that after about a year the DOL will order your employer to pay you for the day. The employer will not be fined or punished in any way; you will not receive a penny more than the pay for the day. No penalties, no windfalls.

There are not going to be ANY circumstances where suspending you is illegal BECAUSE of the contract you signed. The reason it's illegal in this case is that the reason for your suspension is not one of the few in which the employer can suspend an exempt employee without pay. It IS legal for you to be disciplined for this reason - just not by suspension without pay.
I remember reading that when I was researching the issues with the situation. That unless it's a repeated offense, they will just have to pay me for the day and be done with it.

Can disciplinary action stem out from me missing emails on a day that I put in vacation time for?
 

PayrollHRGuy

Senior Member
I remember reading that when I was researching the issues with the situation. That unless it's a repeated offense, they will just have to pay me for the day and be done with it.

Can disciplinary action stem out from me missing emails on a day that I put in vacation time for?
Of course they can. There are very few laws that limit what an employer can discipline you for.
 

PayrollHRGuy

Senior Member
However, there's more of a problem here than just picking your battles; there's also the fact that you are in Georgia, where the wage and hour laws are weak at best and the DOL is only going to kick any complaint over to the Federal DOL. If it goes to the Federal DOL, the most likely outcome is that after about a year the DOL will order your employer to pay you for the day. The employer will not be fined or punished in any way; you will not receive a penny more than the pay for the day. No penalties, no windfalls.

There are not going to be ANY circumstances where suspending you is illegal BECAUSE of the contract you signed. The reason it's illegal in this case is that the reason for your suspension is not one of the few in which the employer can suspend an exempt employee without pay. It IS legal for you to be disciplined for this reason - just not by suspension without pay.
Those are the reason I suggested the OP pick his battles. Implying that this isn't one he should pick.
 

cbg

I'm a Northern Girl
Yep, I agree this isn't the hill to die on.

OP, you absolutely CAN be disciplined for missing the emails. Vacation or not. Just, not by this method. You can, in fact, be FIRED for missing the emails, vacation or not. I'm not suggesting you will be or should be, just that you CAN be.

An employer is limited in the methods of discipline he can use which affect the pay of an exempt employee. There are very few reasons indeed, however, limiting what an employer can discipline an employee of either pay status for.
 
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HRZ

Senior Member
I also agree this is wrong Hill to pick ...and your non compete provision is not relevant to this Hill , it still applies .

BUt as an aside, you have 2 perhaps 3 years in which to address a violation as to this Hill if there are continued shortcuts taken by this employer and you want to visit the Hill as part of other issues ....but by itself...wrong Hill to pick
 

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