Alex What does an indefinite suspension mean?
An indefinite suspension means placing an employee in a temporary status without duties and pay for an indeterminate period of time.
Can a company put an employee on suspension without pay?
The employer had a formal policy that permitted suspensions during an investigation, so that was part of the employee’s contract. Nevertheless, the court found that the employer should have had stronger grounds before putting the employee on suspension without pay.
Can a non exempt employee be suspended indefinitely?
The key is whether the employee is exempt or non-exempt. For exempt employees, an unpaid suspension is trickier than it is for a non-exempt employee. An employer may not make improper deductions from the salary of an exempt employee. Don’t suspend the employee indefinitely.
What happens if an employee is suspended for too long?
If the suspension goes on too long, the suspension might be seen as a dismissal. In any event, federal law requires that employees be suspended in increments of a day (i.e. no half-day suspensions).
Can a person refuse to accept an unpaid suspension?
If you are placed on an unpaid suspension for administrative reasons where your employer is refusing to pay you, you are able to refuse the suspension and this would not be construed as a resignation but rather a constructive dismissal. In 2018, Ontario’s Court of Appeal considered the issue of suspensions, in the case of Filice v.
What happens if an employee is placed on unpaid suspension?
An unpaid suspension could be because the company has concluded the employee did something wrong or for a host of other reasons. Should an employee expect to be interviewed if they are placed on suspension?
The key is whether the employee is exempt or non-exempt. For exempt employees, an unpaid suspension is trickier than it is for a non-exempt employee. An employer may not make improper deductions from the salary of an exempt employee. Don’t suspend the employee indefinitely.
What to do if you get suspended from work without pay?
If you are an exempt employee and/or there is no employee manual or it doesn’t reference unpaid suspension as a policy, you should speak with your Human Resources representative.
Can a salaried employee be suspended without pay in California?
Salaried exempt employees in California may be suspended without pay only if the suspension is for the duration of the employer’s full seven-day workweek. No salary deductions may be made for partial workweek suspensions for exempt employees.