How is it legal to place an employee on administrative leave without pay when the employee was not told it was unpaid

Business 3 views 2 answers
I was place on administrative leave by my manger after only being wrote up once. The manager and supervisor did not state if it was paid or unpaid yet I still had my health insurance. I was not given a written notification as to why and after 10 days I was called and told I was fired. Texas workforce approved my unemployment claim for reasons stating the incident I was fired for was not considered misconduct connected with my work. The employee handbook says you have to be written up 3 times before termination. Now that I am getting unemployment can I get the payment for the 10 days they kept me from work since it was wrongful termination.

Attorney Answers

2
Jay Meisenhelder ·
Your employer is only required to pay you for the time you are actually working. Since you were suspended, you were not actually working, and therefore your employer is NOT required to compensate you for the 10 days you missed.
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William Fulton BroemerEmployee Benefits LawyerHouston, TX ·
The employer is not required to pay you for the suspension period. In Texas, absent an employment contract or a collective bargaining agreement which establish disciplinary procedures, an employer may make, alter, and enforce reasonable rules governing employee workplace conduct. Enforcement of rules and policies may include legal forms of discipline (including reduction of compensation - subject to minimum wage laws - probation, unpaid suspensions, reassignments, and a wide range of other disciplinary measures) and termination. The rules and policies are not required to be rational or efficient. Note, however, that an employer generally cannot engage in disciplinary actions for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). Neither are employers are required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above). The description of the situation which you have provided does not include the elements of prohibited discrimination. Note also that, with certain limited exceptions (dealing primarily with accrued vacation and PTO), employee handbooks and employer internal policies are very rarely considered by Texas courts to be binding employment contracts. That means the employer can change (or even ignore) its policies at any time, with or without notice.
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