Legal Question in Employment Law in California
I work in a hospital in california.Recently i got suspended for 3 days.My boss told me i'm in investigatory suspension,because one of my coworker complained that I have interected to her rudely(engaged in a conversation in a rude way which is detrimental to hospital operation).Which i denied.He told me over the phone that if I'm being cleared then,I'll get pay for my suspention time.He said that hospital has zero tollarence policy for workplace harassment.I went for an interview next day,with him and labor relation director in the hospital.I denied the allegation and told that I only asked question and tried to justify my answer to that co worker.It was not aloud manner and I 've not used any foul language.I also fax a written statement infavor of me,describing couple of incident wher i kept my cool.The very next day my director asked me to join the work place from next day.When I joined he talked to me in his room.He said that he has not accepted what I said .He also said that I can join the workplace and work like regular empoyee.He said the incident will be documented along my statement.He said that he will put me in suspension but as I 've already got suspended for 3 days it will be counted against it and I'll not be paid for those suspension time.He also mentioned hospital has zero tollarance policy thats why he had to suspend me rightway after hearing the incident.Now my question is that can he do that,not to pay for my suspension time.If hospital has zero tollarence policy and if it is proved that I m guilty,then I should be fired,But as I'm back to my work thatmeans i'm not guilty.So why I'm not being paid for my suspension time.Pls give me an legal answer.thank u.
1 Answer from Attorneys
Most hospital workers are covered by union contracts. If so, file your grievance, as that would be your only remedy. If not union, then you could consult with an attorney to see what opinion and advice is appropriate after a full review of all the facts. If serious about doing so, feel free to contact me.