If I was suspended, should I have been paid for the time?
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If I was suspended, should I have been paid for the time?
I am a nurse’s aide and was kicked by a resident who was being combative. She screamed and the boss came to her room. She kicked me in the hand during the incident but I was suspended and fired. It was labeled as unintentional abuse. Since it was labeled unintentional, I get to keep my license but I feel like I did no wrong. Should they be liable to pay me what I should have made during the suspension period, which was 2 days?
Asked on February 14, 2019 under Employment Labor Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Do you have an employment contract or union agreement that covers being paid while placed on suspension? If not, then I'm afraid that you have no claim for compensation. The fact is that a business can set the conditons of employment much as it sees fit, absent some form of legally actionble discrimination (which does not apear to be the case in your situation). Accordingly, it can suspend a worker without pay.
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