Legal Question in Civil Litigation in California

Employee Suspension w/Out Pay

What are the requirements/procedures an employer must follow in issuing a suspension without pay to an employee? I was notified by telephone of my suspension but no other details were given, such as duration. Also, what recourse do I have if the reason for the suspension involves an alleged mistake on my part but is for something that is NOT part of my job responsability (actually, I have never even received a job description - is this legal?).


Asked on 4/21/04, 2:04 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Employee Suspension w/Out Pay

Unless you are working under a collective bargaining agreement, you appparently are under a misconception that there must be a reason for termination. In CA, not so. They can let you go for good reason, bad reason or no reason and they do not have to tell you why. Many other things can come into play, however. Might be able to help more if knew more info. Call if you wish.

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Answered on 4/21/04, 3:34 pm
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Employee Suspension w/Out Pay

The employer's own human resource policies (e.g., as expressed in an employee handbook or other written employment policy) can alter the at-will nature of employment in California. However, an employer is not required to provide these things (or a written job description). If you feel your employer has violated its internal policies in your situation, you may want to talk it over with an attorney. Feel free to contact me for a brief, free initial consultation.

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Answered on 4/21/04, 5:14 pm


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