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?


Asked on 2/28/03, 10:18 am

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

[email protected]

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.

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Answered on 2/28/03, 4:19 pm


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