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Suspended from work..Am i fired?? And if i do get fired can i sue?
Anonymous5 views4 answers
An employee came up to me because he needed a roll of tape. He grabbed all 5 rolls from my power dolly and threw them up in the air. He replied " thats for grabbing my lotion" which i know nothing of. Then he gets on his power dolly hits my foot then leaves. I immediately reported the incident/accident to my supervisor. Supervisor told me he was going to call him in to see why he did it. Later i get called to office to write my statement on paper. Then supervisor explains ill be put on suspension till HR reviews the case. Because there's two sides to the story. He also got suspended. He claims i stold his lotion and threatened him. Which is not true! It's been i week and haven't been called back to work. My employer didnt send me to doctors or sent the person who hit me to a drug test.
Nothing in your post would suggest any wrongdoing by your employer. Assuming you are like most employees, you are an at will employee. That means your employer can suspend and terminate you for any reason or no reason. It can simply terminate both of you, or believe the other guy's story and not believe yours. It can fire you simply to avoid having to investigate the issue. Unless the employer's conduct is based on an unlawful motive because you are a member of a protected class of people or because you engaged in legally-protected conduct, you will have no real claim to make.
As to whether you are terminated or not, that depends on what the employer decides. It would not be inappropriate to call to find out.
Good luck to you.
I concur with Mr. Pedersen. Employment is at will in California and you haven't stated a case. There could be other facts which are pertinent to an analysis and legal opinion here and I would recommend that you consult with an employment law lawyer.
Michael John TonsingEmployment / Labor AttorneySan Francisco, CA ·
Mr. Pederson is right. And, as of now you have only been suspended. You could be reinstated with back pay, depending on what the employer believes following the investigation (assuming there s one). Call HR and inquire respectfully.
Panda Lynn KrollIntellectual Property Law AttorneyVentura, CACA licensed ·
The attorney answers above correctly state that there may be insufficient facts to support a lawsuit. I only add that you have mentioned that your foot was hit and that your employer did not send you to the doctor. You should discuss these facts with an attorney, because generally speaking a workplace injury (if any exists here) could obligate certain actions by an employer, assuming the employer is on notice that the injury occurred.
