If an employer suspends an employee 'pending investigation' what information does he have to give the employee?

Answer

The employee must be informed of the reason for the suspension and if salary will be withheld. If the investigation results in a demotion or termination the employee has the right to appeal. If an appeal is granted, all evidence and information pertaining to the case must be made available to the employee and legal counsel (if any).

Answer

No federal law compels an employer to say anything to an employee about discipline. If the employer does not schedule the employee to work (suspension), no wages are due, and the employer need not explain that either.

Employees outside of union bargaining units and the civil service have no right to "appeal" any employer action. Appeal means a mechanism for forcing the employer to reverse or modify its decision. Some employees have a right to COMPLAIN to EEOC or state/local anti-discrimination agencies, but all they can compel (in court) is dollar damages, not reversal of the decision.

Some union contracts and state laws may compel the employer to do what's suggested above. Check in your state.

Answer

There are several factors here to consider. The 1st would be a historical precident of such. That is why it is always important to document everything. If you show documentation on the following - That similiar behaviors/situations resulted in a similiar consequence historically - That you have documented the information on why the current employee will be, grounds for such, and terms of the condition - it's ideal for you to have historical documentation on that employee doing anything right/wrong to reaffirm your current decision

First answer by anonymous. Last edit by Macky. Contributor trust: 3452 [recommend contributor]. Question popularity: 132 [recommend question]