Suspend with/without pay
dmartenson
51 Posts
Somewhere, in one of my other lives, I heard/read/learned? that if you suspend an EE without pay, this can be considered a termination, and the EE can high-tail it down to the unemployment office. The recommendation was to give the EE time off WITH pay, ask them to go home and think about whether they want to continue working for the company AND follow the rules. If they come back to work and still don't want to follow the rules, then they can be terminated for insubordination. Also, if they come back to work you can ask them to sign a letter stating that they understand the rules and will abide by them.
Does anybody have any thoughts or comments on this course of action?
Does anybody have any thoughts or comments on this course of action?
Comments
I don't know about your state, but for all the states we do business in there is a one week waiting period the person must serve if they are found eligible for benefits. So unless the person is suspended for more than a week, it is a moot point. Secondly, even in California, a person will usually be disqualified from benefits if they are out of work for disciplinary reasons. We never suspend with pay for disciplinary reasons - it just wouldn't have the impact desired with our employees.
Elizabeth
When we issue a warning, it is written and documents the behavior/ performance/other infraction and the consequences of continued failure to correct the identified deficiencies. The employee is asked to sign the warning to acknowledge they have read and received it (they are not asked to sign to concur with the warning), and we give them a copy of the warning. The same procedure is followed for a suspension, as well. This is done when the employee is advised of the issues (same for a suspension; it is not done when they return to work).
There is one situation in which we may suspend an employee with pay,and that is to conduct a fact-finding investigation into incidents, etc. directly involving the employee. In this instance, the employee will return for a scheduled meeting at the conclusion of the investigation (usually no longer than five working days). This may result in exoneration of the employee or could result in disciplinary action, up to and including termination of employment.
The burden of proof always will rest with the employer to prove that the employee was treated fairly. Clearly written policies, solid documentation, and consistently following a program of progressive discipline will better shield an employer from claims of discrimination, retaliation, etc.