Legal Question in Employment Law in California

I work for a major company and was suspended based on allegations from another employee at the same level on May 7th. The accuser has a terrible track record at our company and I am a top rated employee. There was a verbal confrontation/conversation followed by his allegations and thus they suspended both of us to investigate the allegations of him feeling "threatened" We were both questioned approx 2 weeks ago and the union has yet to contact or let us know the outcome. In CA how long can a suspension be for an employee? I am on an unpaid suspension based on hearsay and it is unpaid--what are my legal rights?


Asked on 6/03/10, 10:52 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As a union employee, your remedy is to have the union file a grievance on your behalf. They could seek reinstatement with back pay.

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Answered on 6/04/10, 10:34 am
Terry A. Nelson Nelson & Lawless

Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. 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 [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 6/04/10, 3:30 pm


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