Suspensions and Demotions

Lawyers Guide

Companies often use suspensions and demotions as a disciplinary measure. These measures are often used for employee misconduct such as theft, company policy violations, or unsafe work behavior. However, a wrongful demotion or suspension may occur, and it is important to know what to do in these situations.

  • ContentDemoted at Work - Can a Lawyer Help Me?

    It is important to know what wrongful demotion is and how it can lead to a possible case against the employer with the assistance and services of a lawyer. Generally, the individual worker must have an employment contract or suffer discrimination for the demotion to occur invalidly so that there is legal recourse against the business.

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  • ContentDefamation in the Workplace

    Defamation at the workplace usually occurs through slander when the other person is acting maliciously to the point of spreading nasty rumors around the office that have no basis in fact and have a direct purpose of harming the target. If the individual suffers injury through reputation, a loss of employment or other injuries, he or she may have a valid case of defamation with the other party.

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  • ContentDemoted at Work after Reporting Harassment - Do I Have a Case?

    Any consequences for reporting valid issues at the workplace are illegal because of laws that protect against retaliation for these actions with the employer and specific employees. The demotion or termination because of retaliation is illegal and can lead to a valid claim against the company for compensation or a legal remedy.

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  • ContentDemoting Employees - Is It Legal?

    Depending on the circumstances, the employer either has no right or every right to demote a person based on certain stipulations such as performance, no reason at all or specific terms in an employment contract. If the employer engages in discrimination, harassment or Civil Rights Act violations, these demotions are illegal.

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  • ContentEmployees Habitual Absence from Work? How do Employers Deal with it?

    Absenteeism is a common vocabulary faced by almost all employers. Continued absenteeism can be damaging to an organisation, as there is potential loss of efficiency and effectiveness as well as a fall in customer service and not to forget a strain on the absent employee’s co-workers. Absenteeism not only impacts on production levels; it impacts on other staff.

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  • ContentHow to Handle a Wrongful Demotion

    A wrongful demotion generally occurs as a means to retaliate against an employee for something he or she did, or the employer can engage in unfair or unethical practices that can lead to the demotion. There are various legal options available to handle the demotion appropriately, and the victim should consult with the lawyer before pursuing any type of action.

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  • ContentSuspended for Being in a Fight When Not at Work

    Legality of fights that involve an employee that is not currently working is usually not an issue if the employer suspends him or her through valid and reasonable situations. The company will need to reflect on the company policy, the effect the fight has on the business and the specific circumstances of the physical altercation with the individual.

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  • ContentSuspended from Work - Do I Still Have a Right to Employee Benefits

    Receiving benefits from the company while under suspension may depend on what type of suspension the company enacts such as with or without pay, and this situation will determine if the person needs to file or unemployment or still has access to wages and benefits. If the person does not receive income during the suspension, he or she may need to file for unemployment for the duration of the suspension.

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  • ContentSuspended from Work - Is a Reason Necessary?

    Suspension at work usually happens when the employer believes that the employee has engaged in certain activities that require an investigation before the worker faces termination. The company may suspend the individual during the investigation to ensure that he or she does not tamper with evidence or impede the inquiry itself.

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  • ContentSuspension From Work Without Pay

    Suspension from work, without pay (unpaid suspension), is the temporary removal of an employee from performing his/her work duties and from receiving pay, as a disciplinary measure. Many employers who have progressive discipline policies use unpaid suspension for employee misconduct: such as theft, unsafe work behavior and company policy violations.

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  • ContentBenefits Employees Are Entitled to after Termination

    Leaving a job, whether intentionally, by being fired, or through circumstances beyond your control (such as layoffs), is almost always tinged with at least a little (and often a lot) of stress. One of the biggest concerns faced by many in this position is what sorts of benefits they are entitled to? Will their insurance continue? Are they guaranteed a severance? What happens if they cannot immediately find a job?

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  • ContentCan You Get Fired for What You Post on Social Media?

    Like the answer to so many legal questions, it depends. As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.

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