suspended from work withut pay Started by bambam03 , Jun 08 2013 07:00 PM Please log in to reply 6 replies to this topic 4 posts Posted 08 June 2013 - 07:00 PM While at work (corrections) I was seated at the Sgts desk doing my work when another Sgt. ask me to hand him a form from the drawer. I said to him give a couple of minutes and I will be done with this. I continued what I was doing, he stood right beside the desk, that being the only way out leaning over me. I decided that he wasn't going to wait so stood up to let him in letting my work wait. As I stood up he put his hand on my shoulder and started yelling at me about extending him courtsey. I was totally blocked in by him. The Lt. who was at the only other desk in the office, said knock it off. The Sgt removed his hand from my shoulder and stepped back for enough to let me out. At this point, me being an older and much smaller female and the Sgt that of 7' , older much bigger male, I was scared out of my mind. I stated that I didn't have to deal with this at work, I quit. I then went to turn in my equipment, still terribly upset and just wanting to get away from the situation, my Lt then comes rushin toward me wanting me to talk with him alone in the Chiefs office, I told him no that I was already off the clock and I really didn't want to talk to anyone. These may not have been my exact words since I don't remember much of what I said at that point. The next day I am requested to meet with the Warden who informs me that The statements written are nothing like my statement, that I abandon my post, I am suspended without pay until I am cleared, and that she does not believe that Sgt would do anything of the sort cause he is just a big gentle teddybear. I was sent into HR to write a statement. It was only there that anyone asked if I was alright and did I need to talk with someone. I was then sent home. What are my rights and where do I go from here? 15,577 posts Posted 08 June 2013 - 11:52 PM The rights you have and the process that will follow depend on some facts we don?t know. First, in what state you are employed and whether you work for the state or a private corrections company. Second, whether you are a member of a union that has a collective bargaining agreement (CBA) with the employer.
In general, a private employer could have simply fired you on the spot over this, unless there was a union CBA that specifies a grievance process of some sort for this kind of situation. Government employees may have more protection in their state's civil service rules, but how much more varies greatly from state to state. 15,577 posts Posted 09 June 2013 - 11:51 AM So what you all are saying is that the law would just see me as being in the wrong and it is legally all right for an employee to put their hands on another employee to detain them.
No. What we are saying is that when it comes to termination of employees, in general a private employer doesn?t need a good reason to fire you. Thus, it doesn?t matter whether you were right or wrong in your reaction; either way, the employer may fire you so long as the reason is not one of the relatively few reasons that the law prohibits, like illegal discrimination (i.e. because of your race, color, national origin, sex, religion, age, disability, or genetic test information under federal law).
So, unless your private employer is subject to state civil service rules because of its contract with the state or there is a union CBA that specifies how these situations are handled, the employer could decide that it didn?t like your reaction to the situation and fire you. It?s not a matter of whether you are right or wrong, or whether the other sargent was right or wrong.
You are free, of course, to make a complaint with the local police about the unwanted contact, that may have amounted an assault or battery under Texas state law. Whether the complaint would be pursued would be up to the police and DA?s office. 4 posts Posted 11 June 2013 - 06:48 PM Just to update you. My formal resignation was accepted today. No questions asked, no injury inquiries taken, I am out a job because I left instead of staying and seeing if that Sgt. wanted to do more to me. I am sorry but I truely think the laws are wrong in this, I actually thought that a company was to provide a safe workplace, evidently this doesn't fall under that category and employees can threatened, restrain and bully other employees and that is acceptable. Forgive me but yes the public needs to know that this is the way our law is. Prtection for the company but not an employee. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/226071-suspended-from-work-withut-pay/