Length of suspension

Evergreen · August 2004

We have an ee that was in violation of several policies in our organization. As a result his behavior was such that it effected his perfomance on the job as well as those around him. We have suspended him for a period of 3 weeks w/o pay. What is the standing in the legal community on this?

pork1 · August 2004

EVERGREEN:

THAT READS LIKE ABUSE TO ME! Punishment and getting one's attention for behavior change does not take that long. In all companies, I have worked, the discipline system of suspension w/o pay never exceeded 3 days or 1 week in the case of an EXEMPT ee. I have not been made aware of any law on "punishment limits" in a discipline system, there certainly might be one. Three weeks would be leaning toward the development of a hostile situation, in my book. Three weeks would certainly at least make me want to visit my attorney. An act that your company should not have a need. Hitting someone in the pocket book to get one's attention is correct, but hurting the family with three weeks of lost time would be cruial.

PORK

Don D · August 2004

It's a little late to be asking the question isn't it? I agree with Pork.

sonny · August 2004

Agree with others and would add that any offense that warrents a 3 week suspension warrents firing.

Rockie · August 2004

I agree. It it deserved three weeks...it deserves permanently.

Don't forget the law on suspension of exempts will change come Monday. You will no longer have to suspend for a full week without pay.

ScorpioHR · August 2004

[font size="1" color="#FF0000"]LAST EDITED ON 08-22-04 AT 05:38PM (CST)[/font][br][br]"any offense that warrents a 3 week suspension warrants firing".

Right on Sonny, he should have been fired if they considered the offense to be worth that kind of suspension-I would not want an ee back that was put out on 3 weeks suspension-Gotta be they would come back with quite an attitude problem!

POPEYE · August 2004

There are people convicted of violent crimes that don't spend that much time locked up.

Evergreen · August 2004

Thanks for your inputs. Am looking at the FSLA documents now.

Don D · August 2004

There are no 'FLSA documents' to look into. What are you talking about?

ScorpioHR · August 2004

Evergreen-
I have a question. I just read a previous post "I'm sooo depressed" where you also stated you were suspending an ee without pay for 3 weeks-I was wondering, is 3 weeks some kind of "magic number" where you work? How did you come up with this formula and why? Just curious.

Evergreen · August 2004

It happens that the ee was going to take 2 weeks vacation next week, and I combined them together. In retrospect, it may have been too severe, and I may drop it to 1 week. The issues were drinking, harrassment, code of conduct (basically all out of the drinking issues). The ee was put on probation before and came thru OK, but the issues came up again. I really want to give him a chance, which is why such a stiff "punhishment". But I really wanted to get his attention. I believe I have done this.

HRQ · August 2004

So it's really just a one-week suspension, it sounds like.

If the issues involved drinking (on the clock, I assume) then it seems termination really is (or would have been) the appropriate consequence. I can't imagine a final warning for this, unless the ee is a sales manager taking clients to dinner and the rules are unclear about this type of behavior, or something like that.

You said he was on probation before and the issues came up again. Was THAT a final warning and it's happening again? That should have already "gotten his attention".

WT · August 2004

Just to put another spin on the comments on suspension. I had an employee that had a huge problem of coming in on time or showing up for scheduled overtime. After coaching and minor discipline seemed to have no effect, I suspended him for 30 days. This got his attention and he got to work on time. In the right case, a long suspension does work and if you have a union environment, you may start with a discharge and horse trade down to a long suspension. In that case the union can say they saved the employee and that long suspension is on the record in case the employee does not straighten up. Everybody gets something and the employee is put on notice with a hit in the wallet.

Whatever · August 2004

I'm curious. What was the violation?

Evergreen · August 2004

see above post.

neveradull · August 2004

[font size="1" color="#FF0000"]LAST EDITED ON 08-23-04 AT 10:53AM (CST)[/font][br][br]For those of you in Washington, I"ve been told, exempt employees still must be suspended for a minimum of a week except for a major safety violation. In other words - no change. Can anyone confirm this?

Parabeagle · August 2004

I think you are in the same boat I am, neveradull. Both Oregon and Washington have their own criteria for exemption and neither has been updated to reflect the new federal standard. In the case of a conflict between state and federal provisions, we must apply the rule most beneficial to the employee. For the "good-faith penalties for violation of major safety rules," see WAC 296-128-532(3)(f).

Length of suspension

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