Can I get my week’s pay and/or my original job back after being unfairly suspended/transferred?
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Can I get my week’s pay and/or my original job back after being unfairly suspended/transferred?
I was suspended a week without pay for saying the word “S–T”, after being harassed by 3 high school boys and telling them I was sick of it. I apologized after. Another driver received 2 verbal warnings before she was suspended for yanking on a student’s arm and yet another driver was only verbally warned after lifting her shirt up and exposing her breast to students. After 3 weeks I received a letter to say I’d been transferred; no explanation.
Asked on January 12, 2012 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, the law does not enforce fairness; an employer could legally discipline one employee more harshly than another. The exceptions, or when you might have a cause of action, are:
1) If you have a contract, including a union agreement, which sets forth discipline procedures; if so, they must be followed.
2) If you believe your harsher treatment was due to discrimination against you because of a protected characteristic--for example, discrimination on the basis of your race, sex, age over 40, religion or disability.
Apart from the above, however, the employer could suspend then transfer you, while treating other employees less seriously.
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