What are my options to regain my job if I was suspended for improper reason?
Full Question:
Answer:
The answer will depend on all the facts and documents involved. If you have a union agreement or employment contract, I suggest you read the terms carefully to determine your rights and obligations regarding disciplinary procedures. Without a contract restricting termination (such as a union collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason, and doesn't have to provide an explanation or justify its decision.
An employee may be wrongfully discharged, in violation of an employment contract, collective bargaining agreement, or for discriminatory reasons based on age, sex, race religion, nationality, or disability. At-will employees may be terminated for any reason, or no reason at all, so long as it's not illegal, such as being discriminatory based on race, age, sex, handicap, religion, or national origin, or in violation of an employment or union contract.
The U.S. has laws regarding being fired for discriminatory reasons, on the basis of protected classes such as age, race, gender, nationality, handicap, or religion. Wrongful discharge claims are often made on the basis of discrimination against a protected classification. If an employee isn’t protected by an employment or union contract, they are typically at-will employees who may be fired for any or no reason without notice. If a contract, such as a collective bargaining agreement applies, employees may be required to be given a fair warning as to their performance and conduct which might lead to their dismissal, as well as a step-by-step procedure leading up to dismissal. Such contracts may also specify the terms of rehire upon layoff.
Generally, as long as an employee is not wrongfully discharged, and the layoff terms of a contract aren't violated, the position may be filled with another employee at the same or a lower wage, unless prevented by wage standards under a collective bargaining contract with a union, prevailing wage laws, etc.
