Meet with the person making the complaint. They might have complained by email or to your secretary, but you need to meet them in person. Go over the substance of their complaint to check whether it is plausible on its face. Talk to your company’s human resources department to make sure claims are legitimate for suspending the employee.
You might not have a policy, in which case you should tread carefully! In the U. S. , most employment is at will, and you can suspend an employee at any time. [2] X Research source However, you want to protect yourself legally.
Get a referral to an attorney if you don’t already have one. Contact your nearest bar association and ask for someone who specializes in labor and employment issues. Talk openly with your lawyer about what you want to do. For example, you might want to fire the employee. Your lawyer needs to know that since it could affect what actions you take.
For example, you might be able to move the employee to a different department or let them work from home. [3] X Research source This might be ideal if an employee has been accused of sexual harassment but you need to perform an investigation.
The employee has broken a written policy and the suspension is a form of punishment. You need to investigate allegations against the employee, and you’re afraid they may destroy evidence if they stay at work or be disruptive. Relationships between employees have broken down and you need to keep them apart.
In the U. S. , you can’t suspend someone for half a day. [6] X Research source Instead, federal law requires that you suspend someone for at least a full day.
Your state law might say all wages are due at the time of termination. Depending on how long your investigation lasts, the suspension could legally qualify as a termination. In this situation, you might be sued for unpaid wages if you ultimately fire the employee. [7] X Research source To protect yourself, you might want to pay wages during the suspension, but you should talk about this with your lawyer. However, you can avoid paying if you have a contractual right not to pay them. [8] X Research source Look at your employment contract.
You can suspend an exempt employee without pay for serious infractions, such as allegations of sexual harassment, workplace violence, drug/alcohol abuse, or violations of the law. However, you should pay the employee if you suspend for minor issues, like poor attendance or attitude.
Duration. Let them know the date they can return to work. Don’t write, “You’re suspended for a week” since no one knows when the week will end. Instead, write, “You are suspended immediately and may return to work on June 6, 2017. ” Whether the suspension is a disciplinary action. You might need to suspend someone so you can perform a more thorough investigation. In this situation, clarify that the suspension isn’t a disciplinary act. Employee obligations. You might want the employee to remain available so you can call them during the workweek. You might also prohibit them from calling other employees during their suspension.
Be respectful. You can expect the employee to be upset, so de-escalate the situation as much as possible. Avoid raising your voice or making aggressive gestures. Also listen to what the employee says. They might know they’re struggling at work. For example, they could have problems at home. Now is the time to recommend that they contact the employee assistance program to get help with home problems.
For example, you can tell other team members that there have been complaints about the employee. Clarify that you’re only investigating and don’t know whether they are true or not. However, keep the substance of the complaints to yourself. Don’t say, “Jillian has accused Jeff of sexual harassment. "
Also include general language about the values your business will uphold. For example, you probably want to uphold integrity, honesty, and teamwork.
For example, one benefit is transparency. Employees know exactly what will happen if they commit misconduct. [15] X Research source A progressive system also gives employees a chance to improve their performance. One drawback is that you might be tied to the system whether you want to follow it or not. Progressive disciplinary systems also require quite a bit of paperwork.
First offense: oral warning. Meet with the employee and advise them how to change their conduct. Second offense: written warning. Follow up your coaching and set a deadline for employee improvement. Third offense: suspension. Let the employee come up with a plan for improving their performance while out on suspension. You can review it before they start working again. Fourth offense: termination. When an employee can’t improve their performance, suspension is appropriate. One benefit of the progressive disciplinary system is that termination shouldn’t be a surprise to the employee.
embezzlement theft violence on company property bullying or harassment (including sexual harassment) disclosing trade secrets and other confidential information insubordination lying on a job application
Meet with your lawyer ahead of time if you don’t know what kind of disciplinary system you want. [19] X Research source
Also clarify that the disciplinary system doesn’t change the “at will” relationship. [21] X Research source
