Legal Question in Employment Law in California
A co worker and I got pizza for lunch. there is a policy which says you can't leave the work place to go eat lunch. After a manager saw the pizza box he told the higher ups. I got a call later that day to not come into work. the next few days I met with the higher ups and gave them a statement of what happened. They told me they had to investigate and couldnt send me back to work until they finished. It has been two weeks and Im unable to contact anyone to get any information. Are there any violations here as far as what is a reasonable lenght of suspension and unreasonable? Suspension is without pay. I have called HR and leave messages but I have not gotten anything back from them yet. Only that there was nothing in the system about any investigation. what are my options here legally?
2 Answers from Attorneys
There is no law that dictates to employers how long or short suspensions must be for while they conduct an investigation. But the larger question here is why are you not able to leave work for lunch? You do not say what you do, but if you are a non-exempt employee, employers must allow employees to take a meal break and the employee must be able to take their meal break away from the workplace, if they so choose. They are off the clock and free to go wherever they wish. If not, penalties and possible overtimes issues arise.
If you are terminated for an unlawful reason, you may have grounds for a wrongful termination case. You should consult with an employment law attorney to discuss the details of your situation and learn what your rights are.
The 'do not leave the workplace at lunch' rule is not 'legal' or enforceable under most circumstances. Employees are entitled to have breaks and lunches away from their workstation. So, if you are denied such lunch benefits, and terminated for that reason, it probably is a violation of the wage/hour rules, giving you grounds for a 'wrongful' termination claim and lawsuit.
Complicating this however, there is no fixed time period for suspensions or notice. You could notify them, always in writing, that you will consider this to be a termination unless they return you to work by a specified date. If you don't hear from them by that date, you could then apply for unemployment as a 'terminated' employee, and take any other legal action discussed above.
If serious about getting legal counsel to represent you, feel free to contact me. I've been doing these cases for over 20 years.
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