wrongful suspension... any advice?

[cbergman]

What is the name of your state? NY
i am posting this here and also in the termination section.

i am a waitress and have been working at the same restaurant for two years. i am part of a collective bargaining union contract.

a month ago i had a check i was unsure about. i closed it to the amount i saw on the total line which gave me a reasonable tip. the couple complained and now i have been suspended on suspicion of theft. i have never stolen from this place... ive been there two years and ive never had a problem.

i was given nothing written or official, just told to go home and that it was "pending investigation" - my manager didnt choose to elaborate and the union has been slow to get in there and sort it out.

is this legal? does one mistake on one ambiguous check constitute prrof of theft?????

if i am fired, then what?????

 

[John/nyc]

What is the name of your state? NY
i am posting this here and also in the termination section.

i am a waitress and have been working at the same restaurant for two years. i am part of a collective bargaining union contract.

a month ago i had a check i was unsure about. i closed it to the amount i saw on the total line which gave me a reasonable tip. the couple complained and now i have been suspended on suspicion of theft. i have never stolen from this place... ive been there two years and ive never had a problem.

i was given nothing written or official, just told to go home and that it was "pending investigation" - my manager didnt choose to elaborate and the union has been slow to get in there and sort it out.

is this legal? does one mistake on one ambiguous check constitute prrof of theft?????

if i am fired, then what?????

I am NOT a lawyer, so any advice should be checked out with an attorney before you act upon it.

That said, It is most likely that any legal forum you try to take this to will want you to have "exhausted your remedies" before you get to them.

Therefore, you should probably be going to the union office and speaking to your business agent about this. Document, in writing, any visits or phone calls (visits are preferable) with time, date, who you spoke to and what was discussed. Follow up any such contacts with a letter stating what transpired at the meeting (or over the phone). Send the letter "return reciept requested" so they have to sign for the letter.

The letter should be something like;

During our [time] meeting of [date] at [place] we discussed [what was talked about] and [what was decided].

The union has a duty to represent you so be diligent about seeking their help in this matter. After a truely good faith effort (more than just one or two contacts) if the union is unresponsive, then tell them that you intend to go to the Dept. of Labor (DOL). If you get no help from the union after telling them you'll go to the DOL, then actually go. Tell your story to the folks at the DOL. Bring copies of all correspondence and notes of meetings.

Good Luck,

John

 

[Beth3]

Suspending you (or even terminating you) because of suspicion of theft is not unlawful. I'm not sure what you mean by "i closed it to the amount i saw on the total line which gave me a reasonable tip" but apparently what you should have done is seek clarification on the bill from the manager or whoever before closing out the check.

 

[John/nyc]

Notwithstanding your failure to seek clarification, and given that you were suspended before your employer sought clarification from you, it may be a violation of your contract to be suspended from your job for any reason without a hearing. With contractual language that would prohibit a unilateral suspension there would be a violation of contract law.

If you have a copy of your contract see if it has any language as to procedure in cases of dismissal. If you don't have copy, then ask your business agent what that language is. If your BA don't know or is unwilling to say then ask him/her for a copy of the contract. If s/he stalls then tell the BA that you can get a copy from the DOL. If s/he still stalls then go to the DOL and ask them for a copy.

By the way, write a letter to the union and the employer indicating your intention of contesting your suspension. Do this quickly as there may be contractual time limits.

 

[John/nyc]

Here is a link to DOL district offices:

http://www.dol.gov/esa/contacts/olms/lmskeyp.htm#Atlantic_Region

Just scroll down to NY and find your county.