When an employer suspends an employee from work, he or she must have a valid reason to issue that suspension. However, not all employers follow these rules. A wrongful suspension from work may occur due to retaliation, discrimination, or another reason prohibited by state and federal law. If you believe that you were wrongfully suspended by your employer, it is important to consult with a New York employment attorney as soon as possible.
What is a Suspension?
A work suspension is a disciplinary measure taken by employers against employees. When an employee is suspended, he or she is temporarily removed from his or her work duties and usually does not receive pay. Employers use suspension as a disciplinary tool in many situations, such as punishing employees who have issues with attendance, performance, and violations of company policies.
Employers have the right to issue a suspension against exempt and non-exempt employees. However, issues may arise if an employer suspends an exempt worker without pay. In this situation, the employer may need to change the employee’s status to non-exempt and pay the salaried employee for overtime hours, which can become very expensive.
For an employer to impose this type of punishment, the employee must commit a violation that breaks workplace conduct rules. For example, an exempt employee who drinks alcohol at work could be suspended without pay and without the employer needing to pay for overtime.
What Is a Wrongful Suspension?
Employers have the right to suspend exempt employees for violations of company policies and serious misconduct, such as workplace violence, sexual harassment, or violations of state or federal laws. Non-exempt employees may also face suspensions for performance or attendance issues. However, if an employer suspends employees for retaliatory purposes or targets a specific group of people, the suspension may be wrongful.
Under federal and state laws, it is illegal for a New York employer to discriminate against employees based on certain protected characteristics, such as race, religion, gender, sex, marital status, age, and disability. If an employer decides to suspend a group of employees because they missed a shift while observing a religious holiday, the suspension is likely wrongful. If an employer suspends a pregnant employee because the employee is pregnant, the suspension would also be wrongful.
Additionally, employers cannot use suspension as a tool to retaliate against an employee who reports the employer to a state or federal regulatory body. For example, say that an employee files an Equal Employment Opportunity Commission (EEOC) complaint against his or her employer and receives a settlement through negotiations. After the employee returns to work, the employer suspends him or her for performance issues, even though the employee’s performance had not changed. In this situation, the suspension is likely retaliatory and wrongful.
What Are Your Rights If You Were Wrongfully Suspended from Work?
If you feel you were wrongfully suspended at work, you should take action and do so in a respectful manner. The best course of action is to speak to our employment attorney to learn if your case could be a wrongful suspension. If that is the case, you will then learn what your legal options are.
If you determine that wrongful suspension is likely, you can then file a constructive unfair dismissal claim. You will need to outline the details of what occurred, including how the employer breached the implied contractual duty of both trust and confidence in the actions they took.
There are often restrictions on when this can be done, as well as who can take such action. Before doing anything (including filing a claim), speak to an employment attorney to learn more about your situation. There are often restrictions, including having worked with the company for at least two full and consecutive years. There are ways to work around those requirements depending on the situation you are facing.
Keep in mind that taking the above action of filing a claim will likely mean you have to resign from the position. If you do not want to leave the job and expect to be brought back, it may be helpful to have your attorney discuss your case with you and your employer to find a compromise. Of course, this does not always happen, especially when employers are already violating your rights by suspending you in an unjust manner.
Another route that may apply in some cases is to consider an agreed termination of employment. This is a type of settlement agreement you and your employer agree to in order to move your life forward. This is another way your wrongful suspension attorney in New York can help you.
What If You Are Not Sure If Your Rights Were Violated?
It is not uncommon for people who have been wrongfully suspended to wonder if they have the right to file a claim or whether or not doing so would matter. The best course of action for you in this situation is to set up a free consultation with an attorney who can listen to the details of your case. We can help you in several ways:
- Determine if your employer violated the law by suspending you based on just the information you presented to us.
- Provide you with clear insight into what steps will be necessary to take to prove fault, including what type of evidence may be required.
- Tell you what you can expect in terms of compensation for this situation though no actual value can be determined during a free consultation due to the lack of research.
For many people, just having a conversation with an attorney can be an ideal way to learn more about your rights without any obligation to move forward. It gives you the insight you need to know to decide your next course of action.
Hire a New York Wrongful Suspension Attorney
It can be difficult to prove a wrongful suspension claim. Many New York employees fall into the category of at-will employment, meaning that an employer can suspend or even terminate an employee for any reason without warning. However, at-will employment does not provide a free pass for discrimination.
If you believe that your suspension is wrongful, it is important to speak with a Syracuse employment lawyer as soon as possible. Your attorney can evaluate your case, identify whether you qualify for legal action, and help you take your first steps toward a resolution. Call us today for a consultation.
FAQs
Can I collect unemployment benefits in New York while I am suspended from work without pay?
Whether you qualify for unemployment benefits during a suspension in New York depends on the specific circumstances surrounding the suspension. If you are suspended without pay pending an investigation and are ultimately cleared of any wrongdoing, you may be eligible for benefits during the suspension period. The New York Department of Labor conducts its own eligibility determination regardless of how the employer characterizes the suspension, so filing as soon as a suspension without pay begins is advisable.
What documentation should I gather if I believe my suspension was wrongful?
Employees who believe they were wrongfully suspended should begin preserving evidence as soon as possible, including the written suspension notice, performance reviews, prior disciplinary records, and any communications with supervisors or HR that are relevant to the suspension. You should also write down any comments that suggest discriminatory or retaliatory intent and note the names and contact information of coworkers who may have witnessed relevant events. Thorough, contemporaneous documentation significantly strengthens your attorney’s ability to evaluate and build a wrongful suspension claim on your behalf.
Is my employer required to follow a progressive discipline process before suspending me in New York?
New York is an at-will employment state, which means most private-sector employers are not legally required to follow a progressive discipline process before issuing a suspension. However, if your employer’s employee handbook, company policy, or employment contract specifies a required disciplinary procedure, the employer may be legally bound to follow those terms. Skipping documented disciplinary steps without a valid reason could serve as evidence of pretextual or retaliatory motivation in a wrongful suspension claim, particularly if other employees in similar situations were treated differently.
Can a union member fight a wrongful suspension differently than a non-union employee in New York?
Yes. Unionized employees in New York typically have access to a contractual grievance and arbitration process under their collective bargaining agreement, which provides a structured and often faster channel for challenging an allegedly wrongful suspension. Non-union employees must rely on filing administrative complaints with agencies such as the EEOC or the New York Division of Human Rights, or pursuing a civil lawsuit, both of which involve longer timelines and greater individual responsibility for building the case.
What is the deadline for filing a wrongful suspension claim in New York?
The applicable deadline depends on the legal theory being pursued. Discrimination-based suspension claims under federal law generally must be filed with the EEOC within 300 days of the suspension. Retaliation and discrimination claims under the New York State Human Rights Law may allow up to three years. Because wrongful suspension cases often involve overlapping legal theories with different deadlines, consulting an employment attorney as soon as possible is the most reliable way to ensure no applicable filing window is missed.