What are my rights of being suspended without pay, when it was a he said she said situation?
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What are my rights of being suspended without pay, when it was a he said she said situation?
I was suspended without pay and written up at work, because an employee stated I took a cigarette from her purse. She knew I took one, I told her. We always shared things at work. She complained to my manager and said her space was violated. I feel this is a he said she said situation. She cleaned out her desk Friday and on Monday did not call or show. She felt it was a hostile work environment and did not want to come back. Now I feel I don’t want to come back to work and was accused of something completely absurd. I feel I was a excuse because she wanted to quit. What are my rights?
Asked on June 13, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you don't have an employment contract, you don't have any rights in a situation like this. That's because in the absence of an employment contract, you are an employee at will. An employee at will may be terminated--or anything short of termination, such as demotion, pay reduction, or suspension--at any time, for any reason. It does not matter if you feel the evidence against you is weak, just as it does not matter if the other employee left: if you are an employee at will (no contract), you employer may suspend you if it chooses.
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