What rights do I have and how should I proceed with my employer after being suspended for false allegations?
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What rights do I have and how should I proceed with my employer after being suspended for false allegations?
It has been alleged that an inmate is in possession of my picture, a personal, as well as, electronically (on his phone, which is prohibited within the facility). Additionally, it is also alleged that I have been seeking to enter sections within the facility that I am not assigned to, I have not given any inmate my picture, have not posed for any picture for any inmate, but have visited sections not assigned on my break to talk to and socialize with the assigned officer.
Asked on July 22, 2011 Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The most important question: do you have an employment agreement, or is your job covered by a union or collective bargaining agreement, which contains terms or provisions relating to suspension, discipline, termination, etc. If the answer is yes--there is a contract or union agreement--then you need to refer to the contract or agreement to see what your rights are.
If there is no such agreement, etc., then you are most likely an employee at will. As the term implies, an employee at will may be fired at any time, for any reason. Since the employee at will may be terminated at will, he or she is also subject to lesser forms of punishment or discipline--such as suspension--at will. So if you are an employee at will, there may be little or nothing you can do, unless:
1) There is a clear and uniquivocal policy set out in a strong employee handbook, one which lacks any caveats or qualifiers (e.g. no language such as "nothing in the handbook creates a contract or employment" or "policies may be changed at will"), covering the situation; if so, that *may* be enough to create an implied contract.
2) If you are being treated differently (worse) due to your race, sex, religion, age over 40, or disability, you may have an employment discrimination claim.
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