Can you sue if your suspended for a month?
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Can you sue if your suspended for a month?
I work at supermarket and there was an incident with the a cart hitting someone’s car. It took 2 – 3 weeks just to get a meeting, then another week for the second meeting, again another meeting stating that I need to wait a week for HR to come to a conclusion. One day I got a call from my supervisor saying that I was in the system again and could I come in to fill in for someone. She told me that the schedule was full that week so I wouldn’t start working until next week. Then, a week later, I called to ask my schedule because I had problem logging in to see it. My call got transferred to a manager and it turned out that I needed to sign some paperwork that should’ve came in the mail. The problem is I’ve been suspended for a month and I need money to eat and survive. I want to know if I can sue because if I was at least fired I could’ve gotten unemployment. At this point, it’s been a month and I still can’t go back to work and I hate that I have to ask even more from my mother considering I’m 20 years old.
Asked on October 2, 2016 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No you can't sue your employer for the month-long suspension, because--since all employment is "employment at will" (unless you had a written contract to the contrary)--your employer had the legal right to suspend you for as long as they like. You can't sue people or businesses for doing things they had the legal right to do.
If they do not put you back on, apply for unemployment: an indefinite suspension may not be called termination, but it is the same thing as being terminated, and if they won't recall you, you should be eligible for unemployment benefits. And look for a different job.
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