Q: I’m a security professional, working graveyard. Was making a right turn into an account. Was rear ended. Me not at faul.
Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift two days later now it’s been a week and two days later and I still haven’t gotten any communication that I can return to work. The only communication I received was that I was suspended never told I was going to get suspended during this time of suspension, I have lost all my hours my pay wages with no money in the bank to support my rent. Is this legal that they can do thisand they really keep me off work when it wasn’t my fault without paying some sort of compensation granite the only other information that I’ve received is because I reached out to them. Also, I showed up at work to talk to my superior and she would not come out to sit with me. Explain things to me. She stayed in her office.
A: I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The only way the employer's conduct you report would be unlawful is if you could prove it is happening to you because you are a member of a protected class of people or because you had engaged in some form of legally protected conduct. The employer has no legal duty to explain why you have been suspended, or to return you to work. Good luck to you.
A:
I'm sorry to hear about your situation. In California, employers generally have the right to suspend employees, but the reasons and process must comply with state laws and company policies. If your suspension is directly related to the accident where you were not at fault, you may have grounds to challenge the suspension, especially if it results in lost wages without just cause.
You might be eligible for unemployment benefits during this period of suspension, as losing income due to circumstances beyond your control can qualify you for assistance. Additionally, consider reaching out to the California Department of Industrial Relations or a local legal aid organization for guidance on your rights and possible compensation.
Document all your communications with your employer and any evidence related to the accident and your suspension. This information will be valuable if you decide to seek legal advice or file a claim. Taking these steps can help protect your rights and ensure you receive the support you need during this challenging time.
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