Can they suspend me without pay with no work policy in effect and my lifestyle at home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can they suspend me without pay with no work policy in effect and my lifestyle at home?
I recently was hired on at a landscaping business after working for them through a temp. I was out in 90 degree weather mowing grass and my boss and her husband showed up. She commented as we stood there, that she smelled alcohol and I explained to her it was mighty hot out and It was my sweat glands sweating my beers out from the night before. She said OK and waved to me goodbye. I got back into the company truck and I drove to other sites and finished out the day. Later that night, I got a call from her husband that they weren’t happy because they smelled the alcohol, so they gave me a week suspension because I violated company policy; they had warned me not to drink the night before mowing days, which I don’t recall. Is this legal? They just hired me on without a workplace policy in effect and for that matter I signed no work forms. What are my choices?
Asked on July 29, 2016 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Do you have an employment contract or union/collective bargaining agreement that gives you protection under the circumstances? Does your treatment constitute some form of legally actionable discrimination? If not, then you are what is known as an "at will" employee. Accordingly, your employer can suspend you for the reason that you give, or for any reason, or for no reason at all, with or without notice. For your part, you can either accept the suspension, complain and risk termination, or quit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You don't have any choice but to comply (and put up with the suspension) or else seek other employment. Unless you have a written employment contract which limits discipline and/or termination from employment--and most of us don't--you are an employee at will. An employee at will may be terminated, or anything less than termination, including suspension, at any time, for any reason whatsoever, without any prior warning or notice, at the employer's sole option. The employer may also add, change, etc. work policies at will, without prior notice.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.