Memphis, TN asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas

Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the parking lot waiting for another employee to get off work to give them a ride home .the person is a higher-up supervisor my first interaction with the man he was very hostile before he even come up to me, even threatening my employment. The steps he taken to suspend me, was not threw chain of command, and he had no proof, but I had proof that I was asleep when this happened or shortly after because I took two Benadryl. Before I got off work. I have screenshots of conversations between multiple people and some of a lead and a supervisor saying they had to wake me up because they didn't want this guy starting trouble with me because I was asleep and a easy target. What steps A-Z because I'm clueless

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions, and any evidence that supports your position, such as the screenshots of conversations and any witnesses who can corroborate your whereabouts and actions.

Next, formally present your evidence and concerns to Human Resources (HR) or the appropriate department within your organization. It's important to communicate in writing to create a record of your efforts to resolve the issue. Clearly outline your side of the story, present your evidence, and express your belief that the suspension was unjust and possibly retaliatory. Request a thorough investigation into the matter and ask for a meeting to discuss your case in detail.

If your attempts to resolve the issue internally are unsuccessful, or if you feel your concerns are not being taken seriously, consider consulting with an employment lawyer. A legal professional can offer guidance on your rights under employment law, help you navigate the process of filing a formal complaint, and represent you in any potential legal actions against your employer. Legal advice can be invaluable in complex employment disputes, especially when facing unwarranted disciplinary actions.

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