How can I collect my back pay?
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How can I collect my back pay?
I was suspended from my job with a non-profit organization effective January 20, 2016. I hold a salaried position and was cleared and reinstated on April 15, 2016. I had been locked out of my office on January 11 and remained locked out or my computer removed or password changed to prevent me from doing my work. My employer is located in 15370.
Asked on May 11, 2016 under Employment Labor Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you were suspended, you are not owed back pay, with the exceptions below: the law does not require employers to make up back pay lost during a period of suspension. The exceptions, when you may be able to get back pay:
1) You had a written employment contract which covers discipline and under which you either should not have been suspended or should have received pay during it.
2) You were suspended due to illegal discrimination, the main types of which are against race, religion, national origin, age over 40, sex, or disability.
3) You were suspended for using a legal right, like FMLA leave, or because you pointed out some legal or safety violation.
If the above cases apply, you may have a claim for compensation and should speak with an attorney in detail about your case. But otherwise, an employer does not need to pay wages/salary lost during a suspension.
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