Legal Question in Employment Law in California

Can I suspend an employee from work for 8 days without pay? The reason is because the employee has been lying about hours on his timecard.


Asked on 12/13/11, 9:18 am

2 Answers from Attorneys

As long as they don't work, you don't have to pay them, and you have pretty much complete control over what hours they are called to work and what hours they are off.

Read more
Answered on 12/13/11, 9:32 am
Terry A. Nelson Nelson & Lawless

This is what I tell employees:

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay for work done, and employee benefits per the state minimum wage and hour laws and any formal company policy that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. Not only are there no laws against 'unfair treatment' or poor management, but 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�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

Read more
Answered on 12/13/11, 4:44 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California