In California, if you are suspended from work pending investigation, your rights will depend on your employment status. Generally, regardless of your work status, you are protected against a retaliatory or discriminatory suspension.
California law prevents your employer from using a suspension as an illegal cover-up for discriminating against you or retaliating against you for reporting various workplace violations. However, if you are an at-will employee, your employer typically has broad discretion over how they conduct investigations for suspensions and the reasoning behind disciplinary decisions.
Meet with a Los Angeles wrongful termination lawyer if you are suspended from work pending an investigation and are unsure about your rights in California. Your attorney may detail your legal options and what you can do to contest your work suspension.
Suspended from Work Pending an Investigation: a Look at Your Legal Rights in California
If you are a non-exempt (hourly) worker in California, your employer may be able to legally suspend you without pay. Comparatively, if you’re an exempt (salaried) worker, your pay could be deducted during a work suspension. Whether your salary will be reduced at this time depends on federal and state wage and hour rules and the reason for your suspension.
Meanwhile, it is illegal for your employer to use your suspension as a pretext for unlawful discrimination or retaliation. Outside of this, if you don’t have an employment contract or a union agreement or work as a public employee, you’re considered an at-will employee, and there may be circumstances in which your employer can legally suspend you with or without cause.
Talk with a Los Angeles employment lawyer about your legal rights in California if you’ve been suspended from work pending investigation. Your attorney may evaluate the specifics of your situation and provide insights into how to respond to your work suspension appropriately.
For a free legal consultation, call 213-232-3128
What to Do if You’ve Been Suspended from Work Pending Investigation in California
As you think about what happens when you’ve been suspended from work pending an investigation and what your rights are in California, remember that how you respond can have long-lasting implications for you and your career.
Here are things to do to protect your rights in the aftermath of a workplace suspension pending investigation:
- Get documentation from your employer. Request documentation that explains the reason for your suspension, its terms, and your designated point of contact.
- Review your company’s policies. Check the employee handbook for information regarding your employer’s investigation procedures, paid time off (PTO) usage, and disciplinary policies.
- Follow your employer’s rules. Adhere to the terms of your suspension, since any violations could lead to termination of your employment.
- Gather evidence. Collect performance reviews, communications between you and your employer, and other forms of evidence that highlight how you may be dealing with retaliation or discrimination.
You may feel overwhelmed as you deal with a work suspension and investigation and a potential wrongful termination. Thankfully, you don’t have to face this situation alone. Work with an employment attorney who is committed to safeguarding your legal rights. Depending on the situation, your lawyer may be able to help you take legal action against your employer.
How to Respond if You Are Suspended from Work Pending Investigation as a Form of Retaliation or Discrimination
Get legal help if you believe your employer suspended you from work pending investigation because you reported a safety violation, disclosed suspected legal violations (engaged in whistleblowing), or participated in another protected activity. Your attorney may assess whether your suspension is being used as cover for workplace retaliation or workplace discrimination.
If you have been subject to possible retaliation from your employer, your attorney may advise you to file a retaliation complaint with the California Labor Commissioner’s Office, the California Division of Occupational Safety and Health (Cal/OSHA), or another appropriate agency.
Alternatively, for a discrimination case, your lawyer may encourage you to file a complaint in writing with your employer’s HR department. They may also help you inform the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC).
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Learn More About What Your Rights Are in CA if You’re Suspended from Work Pending Investigation
Speak with employment attorneys if you have been suspended from work pending investigation and want information about your legal rights in California. This is an opportunity to review your situation with a lawyer. If your employer has violated your rights, your attorney may help you proceed with a complaint against them.
Moon Law Group has been serving California workers for nearly two decades. Our employment lawyers know the challenges that you may face after you’ve been suspended from work pending an investigation. We can discuss your legal rights and what to do if your employer has breached them.
Our team is ready to stand up for you with fierceness and compassion. Tell us about your work suspension pending an investigation, and we can teach you about your legal rights as they relate to the situation. Schedule a free case consultation.
Call or text 213-232-3128 or complete a Free Case Evaluation form
