Legal Question in Employment Law in California

Suspension

I work at a mag distribution warehouse. I was suspended from my job on 9/7 for 3 days w/o pay for looking at an adult mag. The problem is that the rule states that if you get caught looking at one you will be sent home on the spot,and if you are caught taking one you will be terminated. I was sent home and had no problem with that.My problem is later that evening I spoke to my manager and he told me I was being suspended.I told him that there is nothing stated about being suspended as part of the rule.I was told that it is know part of the rule,so I would still be suspended. But this was not part of the rule until after the event happened. I have an e-mail sent from him in July 2005 with nothing on there about susension being part of the rule.When I return to work this Wed he wants me to sign a revised letter stating that I accept the suspension which also counts as a write-up. By the way the only reason I refer to it as a rule is because it is not a part of the company policy or guidelines. The human resources manager told me that each warehouse,there are multiple locations, from the company can set ''individual rules'' as they see fit. Can they legally suspend me if this was added to the rule after my situation happened?


Asked on 9/12/05, 11:50 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Suspension

Based on your description, it would appear that you are an at-will employee. This means that the employer can terminate you at any time with or without cause, and can change the policies and regulations of the workplace without notice. If you are an hourly employee, you can be suspended without pay; suspensions without pay are generally not appropriate for salaried employees.

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Answered on 9/14/05, 6:23 pm


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