Suspended WITH pay

[DiverDave]

I need some advice.
I have been getting harassed at work for the last 8 months, they did an "investigation" and found that I was a target but they said they didn't know who it was (a lie).
I just came back after 5 weeks of FMLA and was reinstated then got the call last night to not come in, have no contact with anyone there and the wouldn't say what I did to receive this.
My only contact is my HR rep., as soon as she gets in at 10am ET I'll call.
But I cannot understand why they did this, I haven't been late or absent much and not at all since I came back.
I'm in Delaware and I'm pretty sure this is a "right to work" state, which in govt. speak is the right to be fired for no reason.

I will ask if I need a Lawyer and if she can tell me what it's about, but I have a sinking feeling in my stomach as they have been asking me when I am leaving, several times in fact.

Anyhow, I sure could use some advice, and being that you folks are WAY smarter then I am, any help will be appreciated.

Thanks, Dave

[TwilightGardener]

1. Weird. I don't have any words of advice, but a lawyer is a good idea.

Hope you get to the bottom of this. Good luck.

[Phoebe Loosinhouse]

2. Briefly, how were you harrassed? Do you know who was doing it? nt

[Orrex]

3. You've already identified the first two steps you should take

My only contact is my HR rep., as soon as she gets in at 10am ET I'll call.

and

I will ask if I need a Lawyer and if she can tell me what it's about.

However, I hasten to point out that the HR rep's job is to protect the company, so she'll be working very hard to make sure that the company is covered. She won't likely lie to you, but she won't help you any more than is required by law.


Good luck to you, and call an attorney.

[izquierdista]

12. Timing

Best to run on the assumption that you will need a lawyer and have the lawyer call the HR rep. Nothing like slamming them with lawyers and legalese right off the bat.

[trayfoot]

24. Excellent Strategy!!!!!!!

[aikoaiko]

19. Don't ask your HR if you need and attorney. Go get one and get advice before letting your

company know that you have an attorney.

[Brickbat]

4. "Right to work" =/= "fired for no reason," just FYI.

You're thinking of at-will employment, which is not a state-level law. In a "right to work" state, joining an existing union at your new employer is not a requirement for employment.

On to your concern...

From your OP, it sounds like they want to get rid of you: "they have been asking me when I am leaving" looks bad with "I haven't been late or absent much." If they want you gone, they'll find a way.

I say this as a sympathizer -- last year I left a job after two bizarrely inaccurate job evaluations were put in my record.

But yes -- contact the HR rep to figure out what's going on. If you've been being harassed, you might want to try the EEOC as well.

Good luck. I know it's a nightmare.

[Phoebe Loosinhouse]

6. It means you can be fired for any reason or no reason

but you can NEVER be fired for an illegal reason (discrimination, etc).

But if you've been suspended WITH pay, maybe it just means the investigation is ongoing?

[Brickbat]

11. Are you saying that

"right to work" = you can be fired for any reason or no reason, but not an illegal reason

or

"at-will employment" = you can be fired for any reason or no reason, but not an illegal reason?

Because the latter is correct.

[baldguy]

13. All states have what you define as "at-will employment".

It's just that in "right to work" states, one of the valid reasons for being terminated is joining or seeking to join a union.

[Brickbat]

14. It's illegal to fire someone for joining or seeking to join a union.

"Right to work" only means that you do not have to join the union as a condition of employment.

[baldguy]

30. Yeah, right.

If you believe that any company is actually concerned about that law when they do it, I know a guy in Nigeria that could use your help.

[Brickbat]

31. Well, that's the law. Of course companies find legal ways to weed out the troublemakers.

Trust me, man, I know all about it.

[Romulox]

22. Large correction: At will is absolutely "state-level law". nt

[Brickbat]

23. Thanks for the cx. I have no idea WTF I was thinking there. ETA: Aaaand of course it won't let me

edit. That's what I get for trying to post when I should be working.

[Romulox]

25. Not a biggie. Every state endorses the doctrine of at will employment, save Montana

The doctrine is generally established either in the common law (case law) or, more rarely, statute.

[Enrique]

5. definitely check with a lawyer

and definitely do not look at the HR rep as being "your" rep. She is not on your side.

[Are_grits_groceries]

7. That's the truth.

I know someone who is an HR rep, and she told me not to trust them.

[WilmywoodNCparalegal]

8. HR won't be on your side

Their role is to minimize any adverse impact on the company (and its bottom line, in the end). If you have any records of the harassment, keep them; if you know for sure (not just 100% sure, but 100000% sure), note it down; put anything you can (including any discussion with HR) in writing.

Request to see your employee file so you can document your absences (if possible). Make sure you have copies of performance evaluations. Keep records of everything.

Next step, talk to a good employment attorney. Also make sure you can find a copy of your company's harassment policy. Cover your ass, in other words, and be prepared. It does sound like the company is trying to get rid of you.

What kind of harassment are we talking about? Was it perpetrated by someone higher up?

Let us know what happens. Best of luck to you.

[Liberal In Texas]

9. You need a lawyer who specializes in Labor and Employment (L&E).

If the one you have doesn't, politely tell him/her that you would like to find an L&E lawyer.

I had trouble before I finally bailed and took early retirement and hired a high powered L&E lawyer who specializes in the media (I was working for a TV station). One or two letters from him and the harassment stopped. I had a chilly relationship with the supervisors and managers until I reached 55 years old and had to put up with awful hours, but at least the bullshit stopped. And for some odd reason, he never sent me a bill. Maybe he took sympathy on me or something, but I never asked why.

[CrispyQ]

10. My husband had an issue with an employer back in 2004.

He, too, was suspended with pay. We thought that was a more positive event than being suspended without pay. We were wrong. When he went back to work, three days later, they fired him. If they want to get rid of you, they will find a way. I hope that is not the case for you.

We consulted with an attorney, who told us if we wanted to throw our money away, he would take it, but given the circumstances of the firing, we had very little recourse. He said that he could almost guarantee that my husband would not get his job back, nor would he get any additional compensation. Your case may be different, so definitely consult an attorney.

Good luck to you. It sucks living in a country where the corporations depend on our labor to acquire their profits, but abhor us & look to screw us any way they can.

[bertman]

15. " I haven't been late or absent much and not at all since I came back."

"much", like beauty, is in the eye of the beholder. Your perception of not being late or absent "much" may be at least part of the problem.

Why you have been harassed and why their investigation did not turn up the perp is "interesting". Why would the company want to cover up someone harassing you on the job? That leaves them open to major legal problems.

Have you done anything to warrant a co-worker or supervisor's animosity? Have you received warnings for poor performance or job-related problems? There are so many unknowns here that it's hard to imagine how this will play out.

If you are a good employee and you can prove that you were being harassed you probably will benefit from hiring a lawyer. If you are not giving us the whole story (I'm not saying you aren't, just stating a fact) and there's more here than meets the eye, you may be throwing your money away. Lawyers are expensive.

I hope this turns out well for you, Dave.

[izzybeans]

16. If you are coming off of FMLA then you have special protections.

HR will give you a poor answer, they will protect the company. contact a lawyer after you talk to HR and write down everything they tell now and in the past. If you are over 40 then you also have potential age discrimination issues to think about.

[Tierra_y_Libertad]

17. It sounds like they're conducting an investigation.

I spent a year and a half in Labor Relations. When they're conducting an investigation, usually of a serious offense (in they're eyes), the employee is suspended with pay until the evidence is gathered. Thus the order not to contact anyone, so the evidence won't be tainted. We're not talking forensic stuff, more like he said/she said and paper stuff.

I don't have any particular advice to give. They have the power. Just don't do anything rash that will make things worse.

[H2O Man]

18. Lawyer up.

It's the best thing that you can do at this time. Failure to do so is the worst thing you can do.

[TexasObserver]

26. Co-sign! Top priority. Don't stop until you have one.

And it needs to one who is familiar with employee rights.

Often, the State Bar has listings for specialists. They can be found under "lawyer referral," too. Or the old fashioned way: yellow pages.

A well timed letter from an attorney can throw the corporate machinery into a stall. They seldom fear the threat of a lawsuit until that attorney letterhead shows up with the "my client" language in it.

[TahitiNut]

29. Amen. (Decades in the corporate "belly" make me agree.)

HR's job is to protect the company. They are NOT the "employee's friend"!!

[TheKentuckian]

36. Most definitely. You already know its lawyer time (nt)

[Turbineguy]

20. Maybe the organization

does not know how to deal with this situation and are taking the safe route with the suspension with pay. Maybe the person harassing you is a friend/relative of a senior person and is untouchable. I think if they wanted to fire you, they would just do it.

I would look for a chance to sort this out in an amicable manner. But let them know you are confused about their decision and are considering talking to an attorney to help clarify your understanding. That gives them the chance to let you know your position is secure.

[bridgit]

21. It's the usage of FMLA, corps put it in there to make themselves...

appear warm & fuzzy, some actually believe in it but allot really don't. People that I know that have accessed it, two of them being my husband over a surgery and his daughter over her pregnancy; but when they did the incidence of heavy internal monitoring increased and corporate replies to their issues sputtered becoming opaque. I'd consult some legal. A firm with FMLA on their books is bound to adhere to it's provisions without retributions upon access to it, or creating a 'causal paper trail' that impacts long or full time employment i.e. promotions, bonuses, lateral career movement, etc

Certainly for now suspension with pay is better than without it. I know one woman that works where my husband did. They stated messing with her threatening this and that she fought back with legal and stuffed it down their throats. They settled. It took some relocation within the firm's footprint, without cut in pay, which she agreed to, and now she walks the halls like kryptonite they're afraid to touch her cause it damn near went federal

Consult an FMLA advocate :thumbsup:

[zorahopkins]

27. Don't Do ANYTHING

Get a attorney qualified to deal with employment issues in your state.

Then follow your attorney's advice.

Do not do ANYTHING without first consulting your attorney.

You may, during the course of all of this, feel like sending an email or making a phone call.

BUT -- do NOT do ANYTHING -- no phone calls or emails to others at work (and certainly nothing to the harrasser, your boss, or to the HR Rep) without FIRST consulting with your attorney.

[TexasObserver]

28. Get a lawyer. Get a lawyer. Get a lawyer.

now now now

Talking to anyone but a lawyer is likely not going to get you far. Don't wait. Do it now. Right now.

[OPERATIONMINDCRIME]

32. I Can Understand Being Upset But You Should Wait Till You Get The Facts.

All the responses about lawyers etc is way premature. As it stands, there is nothing in your post that indicates some sort of wrong doing. I know it sounds bad but there may be real reasons that hopefully you will find out later. (It's 1pm now. Did you get the details?). On the plus side, at least you're still getting paid. Hopefully this sounds worse than it is and you'll be back there in no time.

Hang in there and best of luck with this.

[TexasObserver]

33. That's bad advice. I hope the OP ignores it.

It's always a good idea to know one's legal rights when one is being looked at with great scrutiny in their job, particularly in a company of more than a few people.

The OP is seeking direction and advice. He's clearly worried and has asked what he should do. Perhaps you wouldn't seek legal counsel, but that is you. Most people prefer knowledge over ignorance when they enter a situation where their job is at risk, however. The lawyer knows the law. You don't and neither does the OP.

[OPERATIONMINDCRIME]

38. Actually, The Advice Was Spot On.

After finding out the facts, a lawyer may be a necessity. At a point of not having any details? Yeah, not so much. :dunce:

[TexasObserver]

39. No, it was very bad advice, and you should stop telling people such nonsense.

People who tell other people not to talk to a lawyer when such person's job is on the line are a danger. That is terrible advice.

Unlike you, I'm trained to listen to a person and determine if they have an actionable claim, or if they have any reason to fear being sued. Any time a person says the things this OP said in his original post, it means he's in trouble and should get lawyered up immediately. Only a lawyer trained to advise in this field can tell him what his rights are. Can he have a representative present with him? Can he have the meeting recorded? Will they want to record the meeting? What if they ask him to sign something? What if they threaten him?

If he gets a lawyer, the instant his lawyer contacts his company, that company will likely slow down and stop trying to rush him. They'll operate like they're being watched by someone hired to sue them if they screw this up.

If this OP listens to your bad advice, he'll be out of a job and trying to get some lawyer to explain to him what just happened. He has some chance of hanging on and of preserving his rights if he gets a lawyer.

What possible reason could you have for saying don't see a lawyer? Do you tell someone whose car won't run "don't call a mechanic"? If the sink backs up do you say "don't call a plumber"?

Stick to advising people about whatever it is you know something about.

[Festivito]

34. Take notes. Note date, time, who...

Other than that, I'm no help.

Good luck.

[tk2kewl]

35. My father on HR reps: "There is nothing humane or resourceful about them." eom

[tonysam]

37. See a lawyer.

Lots of employers are trying to get around FMLA in order to save money. I was shitcanned by my school district--illegally--supposedly because of a mistake I and a physician's assistant made on an FMLA form. It didn't justify dismissal, but my principal was pressured by the human resources assistant superintendent--a crook, as far as I am concerned--to throw me out, just after I got vested in retirement. Never mind she had not done one damned thing she was supposed to do by state statute (I was a tenured teacher).

Being not knowledgeable about how "objective" "due process" hearings are in school districts, I went through the process. What a joke they are. All kinds of criminal acts by school districts are tolerated, including perjury, subornation of perjury, forgery of documents, bribery of potential witnesses, and so forth, yet the arbitrator ALWAYS rules in favor of the employer. ALWAYS. In addition, the union's attorneys I believe were in cahoots with the district, and therefore I had no due process rights whatsoever.

I have been weighing the idea of getting an attorney to take my case--I think it is a good one, especially given the fact my previous principal was harassing me all year long before and following my refusal to violate federal law for him and I asked to get out of that school; unfortunately, I was switched with another teacher and was not allowed to pick my own school, thus I feel I was being set up for failure.

[Horse with no Name]

40. I will tell you what I have found

While we were sleeping--a bunch of the FMLA rules changed--and not for the better, I totally missed it and it slipped under the radar.
Can it be something regarding your FMLA?