Legal Question in Employment Law in California
How long can a company suspend you from your job if they stated I was suspended til further notice but never given a specific date. It has been 2 weeks now and I have made several attempts to check in and get some type of answers but no luck. I have been with the company for a little over a year and had a accident while driving the forklift so I was placed on suspension. I have never been written up for anything and have been a good employee with a good attendance record. Not sure what to do or what step to take next.
3 Answers from Attorneys
Unless you have a contract covering that issue, they can do what they want. Until further notice means there is no date set. Call your supervisor and try to get him to help get you back since your not being there puts an extra burden on the other employees there and is not 2 weeks off work without pay enough of a punishment. Apologize for the accident. Be calm and respectful.
If they won't respond to you, accept reality and look for a new job. Apply for unemployment.
In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
If your accident involves injury, they should have sent you for treatment. eventhough you were at fault in causing the accident. Then your suspension would seem to be unreasonable. You then need to file a WCAB claim regarding to your work-related injuries. Feel free to call us at 213.388.7070 for a free consultation.