Legal Question in Employment Law in Maryland
indefinite suspension
I was arrested for 2nd degree assault, not convicted, then my job of ten years gave me a indefinte suspension. Is this legal?
1 Answer from Attorneys
Re: indefinite suspension
Basically, yes. When someone is involved in conduct that leads an employer to question whether the safety of co-workers or customers may be in jeaopardy, the employer may suspend the person and investigate. If the investigation leads to a good-faith belief that safety will be an issue, the employer can discharge you, especially if you are an employee-at-will (in other words, do not have an employment contract).
The caveat is that the employer may not take action that disproportionately impacts minority workers. For example, if they only investigate when African Americans are arrested, but not caucasians, their actions would likely be discriminatory and illegal.
Regardless of the fact you were not convicted, you might consider getting out in front of the investigation (if the employer is doing one), if you want to save your job. Offer to cooperate, to describe what happened and why it won't happen again (or if you were entirely innocent, explain that), and why the company's other workers and customers are not in any jeopardy.
Of course, I do not know the facts, so you may not be able to do this without implicating yourself in potential crimes or actually giving the employer grounds to discharge you.
It may help for you to have a representative, be it an attorney, a union rep. if you are a union member, or perhaps some other type of advocate.
If you want to consider hiring an attorney, please feel free to call for a free consultation. I'd be glad to listen to the situation and let you know if I can help.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.