Q: Am I entitled to pay for suspension turned into unpaid leave after being exonerated of alleged misconduct?
I work as a maintenance technician at an apartment complex.
On Thursday 18th January, iwas placed on 3 days suspension pending the results of a drug screening. I was out from work for 6 days. On Wednesday 24th I was told by the HR manager that I was infact on unpaid administrative leave. At the end of day 6, I was asked to return to work as the allegations were found to be 'not credible '. The allegations were 1. smoke marijuana and 2. sexual harassment. Upon my return to work on Monday the 29th, I was given a written warning for breach of the Employee Tenant Professional Interaction: in that they say I behaved flirtatious with a resident. It is my understanding that the written warning was action for the flirtatious behavior. Is there any legal justification for finding me 6 days pay for the unsubstantiated accusations.
Grateful for your feedback
A: Generally speaking, if you’re working for a private employer, they can do what they want. If you had a contract at guaranteed you income, then I think you have a potential claim.
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