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Employment law ?

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Employment law ?

Old 11-06-04, 05:19 PM
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Employment law ?

Hey guys and gals without going into details yet can anyone help me find any articles/case law where an employee was suspended without pay for outside of work behavior(not illegal behavior)


I'll go into more details later.
Old 11-06-04, 05:24 PM
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Check out the official gov. website.

You should be able to Google it.

-pedagogue
Old 11-06-04, 06:01 PM
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I have dug into some and all I can find it is permissible if it is a written document stating requirements of behavior which there was not. Anyone else?
Old 11-06-04, 06:18 PM
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You're going to have to post some details at the situation. It would help and I'm sure there are others at the very least could point you in the right direction.
Old 11-06-04, 06:24 PM
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it depends on the company's policy.

i know that if you are a new recruit for burbank police, you won't be allowed to smoke anything.

if they (i don't know who) catch you smoking off duty, there will be some strict punishments.

my teacher who is in BPD told me this. kinda silly but if this rule is empowered, wow...
Old 11-06-04, 07:47 PM
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Most employment in the US is 'At Will.' They can fire you at any time and not provide any reason.

Suspend without pay may be different.
Old 11-06-04, 07:58 PM
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Just remember, you can sue your wonderful company for many trivial things, too. Two can play the lawsuit game.
Old 11-06-04, 09:23 PM
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OK so here goes, I work as a general manager in a large consumer electronics store. Male dominant atmosphere with an occasional female who works for us. I have been the gm for three years, this an atmospher/culture where your boss took you to thr strip club(my senipr vp, my regional etc. )So about 2 months ago I was told a sales manager of mine was being inappropriately physically with an employee of the female gender, I worked with hr/addressed it, and they had me just write him up and warn him about it(came up behind her rubbed her shoulders pushed up againt her) they did not investigate or anything. No loss of pay suspension etc.BTW this girl is a complete head case and discipline problem, good employee but argues about everything. fast forward, hired a new girl, sent her to our training facility, she met a guy there, comes back in love and wants to transfer there. Isay no, company policy is be somewhere 6 months first, sorry. 2 weeks later calls hr says i sexual harras her(don't) they go throug a weeks of investigfation of all my staff, bring up everything like me "sleeping" with a girl that got promoted to another store(nasty rumor, started by girl number one above out of jealousy) they dig into everything. In doing so they find no real factual basis of this charge but being young and dumb and hanging out with my sales crew they find 2 things they do not like. 1) Got drunk at aparty with some of my friens who some were also employees, I moon employee 1 my good friend who happens to be dating girl 1 above. AAnother time i a was at my house with two guy employees playing video games friend shows up again who I mooned at the party with wacko girl 1, somehow conversation is brought up jokingly about trading girlfriends (my wife is right there) This is wacko girl #1. Mind you this girl has talked to hr twice about my sales manager and her issues with him after this happens and never brings this up. But now after she has been getting in trouble she brings it up. Does not say she was harrased but just brings it up. HR suspends me one week without pay for incidents outside of work($1600.00)There is nothing in our handbook about outside behavior. Was this behavior stupid, oh hell yeah, will I hang with my employees again in a drinking setting, no way. Did the punishment fit the crime, not in my mind. i have been told off the record by some of the higher ups that the comapny is felling pressure on these things and that I am more of a martyr then anything. Mind you i have never had an issue in my career ever and am consider one of the top 10 GM's in my comapny who is always offered promotions to larger stores.

What do you think?
Old 11-06-04, 09:28 PM
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Originally posted by Kman1011
What do you think?
More this:
Old 11-06-04, 09:33 PM
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Huh?
Old 11-06-04, 09:38 PM
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When you're typing, pressing the Enter key causes the insertion point to move down to a new paragraph. Paragraphs give the author a means to keep like ideas together, and also make the writing more accessible and comprehendable to the reader.
Old 11-06-04, 09:41 PM
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your right, I was just in the heat of the moment, run on, run on run on
Old 11-06-04, 10:03 PM
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I think you like to show people your ass....and since you are a guy, I've gotta give you the :thumbsdown:

-pedagogue
Old 11-06-04, 10:07 PM
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Any other great words of wisdom?
Old 11-06-04, 10:47 PM
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Sure.

A lawyer can better assess your employment contract, and if the suspension was warranted. That being said, most likely you are an "at-will" employee, and you may win the money back, but then they can terminate you for pretty much any reason.

Is it fair that outside incidents effect your working environment...no. Does it happen, yes. Did you have control over the incidents...yes.

You had no business mooning other people. You admittedly say that you did something 'young and dumb'. Sure you were with your friends and etc....but don't blame a girl (who may or may not have some issues) because she is uncomfortable because you mooned her. You are a freakin' manager, try and act somewhat responsible.

If you acted accordingly and didn't drink with your employees, and moon another one...you probably wouldn't be in this position.

-pedagogue
Old 11-06-04, 10:51 PM
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Originally posted by stevevt
More this:
where's the grammar nazi when we need it?
Old 11-06-04, 10:52 PM
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Wow -thanks for your feedback seriously


the girl feeling uncomfortable, she never stated that. She had three other chances to say something, never did. Also told hr did not bother her but just brought it up.

But believe me I live with my mistakes to a point, but I argue punishment did not fit the crime. I have a completely clean slate and am highly regarded. the senior vp of my company said the punishment was to extreme and was the one to encourage me to file a formal grievance
Old 11-06-04, 10:55 PM
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Sounds like your victim of corporate paranoia... sadly it is rampant. Make them paranoid they screwed up.

Sure you could fight it in court, but as always it would probably end up costing you more money.... thing I would worry about most is that the 'incidents' are on your employee record and could make any minor infraction down the road grounds for termination.

Read your corporate policies, HR should at least tell you which ones were violated... If they can't I would fight them to have records removed.

There are also fairly strict guidelines for bringing up a sexual harrassment complaint... if the complainer didn't follow them, there shouldn't be a case. But of course, once again, the corporate paranoia probably bypassed all of that.

Last edited by greg9x; 11-06-04 at 10:58 PM.
Old 11-06-04, 10:55 PM
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i'm confused, are employee 1, girl 1, and wacko girl 1 the same person? use A, B, C or something
Old 11-06-04, 10:55 PM
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you're making 1600 a week doing retail? pretty good deal.
Old 11-06-04, 10:57 PM
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If the VP sides with you, you might be able to get it pushed back to a formal letter of complaint, and loss of a few days of wages.

It is corp. protecting itself, and an expensive lesson you learned.

-pedagogue
Old 11-06-04, 11:05 PM
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girl 1 is wacko 1 sorry

Yes 1600.00 a week not counting bonuses, sounds like alot but really is not. I work 24/7 even when i am not at work. I am ersponible for all aspects of a business that generates roughly 12 million a a year. I actually have lots of better oppurtunities but love this company as this is the first comapny to really give me a chance at a young age.
Old 11-06-04, 11:28 PM
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Either way son, making 75K+ at a retail store is nothing to sneeze abot

I just got a promotion at work and it only went up about 10 percent. considering you start out making 15k per year doing low level retail...


im drunk
Old 11-06-04, 11:34 PM
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I agree nothing to sneeze about, family suffers tho etc. I have an offer to get back in the family biz(contracting been succesful last 30 years, will make more money, just does not excite me.) I should clear 80k this year plus I won a free trp to tahiti, italy, and probably about 15k in audio gear.
Old 11-07-04, 12:25 AM
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I call BS. A 50 year old person mooning? Heck, a 50 year can't even bend over to take a shit, let alone show their ass cheeks.

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