I have just been suspended from work with pay until my hearing in 5 days.
I was approached by the employer’s sercurity with the paper stating that I was suspended because of "on going theft on property, taking things without premission."
He took my work keys, id and I was sent home.
On security cameras, it shows myself carrying boxes out of the building, those boxes were empty and were being used to pack some things at home.(I am assuming thats what this is based on) I had premission to take these boxes.
Where is the just cause in this matter? Is this legal on the employers part to try someone without a hearing? Were my civil rights violated?
(Luckly, I am in the union and have representation for this mess.)
Can someone shed some light on this issue?
Suspended from my job.?
10 Responses for “Suspended from my job.?”
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The just cause is that you were seen on video taking things out of the building. Whether or not it was innocent or not is immaterial as it is being investigated and that will be proven or otherwise when you have your meeting/hearing.
Is it legal - yes - you have been suspended pending investigation and you are on full pay, what is the problem with that.
Civil rights violated?,sorry time for you to grow up. Of course nothing was violated, you have been suspended pending investigation, you are still being paid. Just what do you think has been violated?
You have representation for the hearing, if you are innocent and can prove it then there will be no issue will there.
It’s not a trial, its a hearing to determine if they should fire you. As long as they’re paying you, you have no damages.
I dont know your legal rights, but the fact you are in the union will help.
Someone has either accused you, seen the tapes and assumed, or seen things missing-watched the tapes-seen you-assumed you are the culprit. However, I dont think a legit company would suspend someone on suspicion of theft without even talking to you about it.
I would get the person who gave you permission to use the boxes on your side, and willing to say to the bosses that they gave you permission to take the boxes.
Other then that, if you are really not guilty, then you have nothing to lose (except money) by getting (or telling them you are going to get) a lawyer.
Good luck
No one’s rights were violated. If you can proove that the boxes were empty, and have a witness, and have union representation, then you’ve got no problem. If you can’t prove those things, you’re in deep ………………
It’s perfectly legal. Even unsupported suspicion of theft is a legal basis to fire someone.
In your specific case, however, you have additional protection as a result of your Union contract.
Richard
Talk to your local union.
YOU NEED TO GET A LIST OF WHAT WAS TAKEN, WHEN IT WAS TAKEN, COULD YOU FIT WHAT WAS TAKEN INTO THE BOXES , WHEN YOU CARRIED THE BOXES OUT ,DID IT LOOK LIKE THE WERE EMPTY, WHY WERE YOU NOT CHECKED , WERE YOU WORKING WHEN STUFF WAS TAKEN , HAVE THEY A "WITNESS" WHO IS SAYING THINGS AGAINST YOU , ARE YOU THE ONLY ONE BEING SUSPENDED , , IF YOU ARE INNOCENT ,THEN YOU NEED TO GET SOME LEGAL AID TO SORT THIS OUT ,THEN YOU CAN SUE THEM
As usual John G (who doesn’t know how to switch off the caps lock) is talking rubbish. You cannot sue them.
An employer is allowed to suspend on full pay (so you’re not disadvantaged) whilst they investigate dishonesty.
What I can’t quite work out is why you post a question here rather than phoning your work and telling them that you took empty boxes with permission and name who gave you that permission.
That way things may be sorted out a bit quicker. - Unless there is more to this story of course
wink
Nothing wrong, you are however
in the court of the company not the court of the land…
- Talk to ACAS
- Talk to your local Citizens advice.. they often have lawyers available
(not 24/7 but at times in the week…)
If you have a union rep/membership talk to them.
As of now.
You should be given a copy the disciplinary procedure.
do nothing till you get it, and keep asking daily for it till you get it.
put the request in writing and deliver to the company.
Find someone who will be your companion in the ‘hearing’
Their role is
- to be your second ears
- ask procedural questions or anything to make things clear that is ambiguous.
They cannot speak on your behalf.. but can query things for clarity for you/ask if inappropriate (but not cause excessive problems)
- Esp if they are pushing for an answer when you don;t feel it is appropriate eg ‘what is your opinion, what you do think .. etc’ Dont give it.. stick to the facts that they present only.
- you companion can ask for a break, to discuss things in a confidential area.. suggest or tell you things he noticed.
At the hearing,
- make them do the running.
- let them show what they have
- say nothing except straight answers to straight questions.
no options, etc..
they have to show clear evidence, and not infer anything and expect you to say something.
MAKE NOTES afterwards for youself of everything that happened.
Make notes now of everything that has happened till now
Keep notes of everything that happens and when.
any conversation you have with anyone officially, follow it up with a letter confirming what was said.. assuming they asked for something/you gave an answer or vice versa.
Let them do the running…say as liitle as possible, and don’t indvertantly say anything for what it may lead to accidentally.
if you have the permission to take the boxes, do you have anything written ?
if not, can you get an email or a statement from the person who gave that permission… Talk to them now.
(in future always get an email or written permission.. it makes life so much easier
)
In the event that you did lose your job over it, a solicitor will want all that information you collected to use in an unfair dismissal case.
ALL that said,
this sounds like they genuinely have a pilfering problem and your actions have not helped.. .looking suspicious.. and they are trying to treat all people equally and fairly. And once you are heard, it will all go away nicely. Its just a pain to have to go through (be positive its 5 days extra paid holiday.. use it to get some rest so that you are fresh for the talk with the bosses)
You have been suspended while enquiries are made concerning your actions. It is vital to ensure that the person who gave you permission had authority to do so and will be prepared to give evidence that you were told that you could take these boxes from the building. The union rep. can approach this person and ask him/her to be a witness on your behalf. Let’s hope that he or she isn’t on holiday. Meanwhile, you are effectively getting a free holiday from work, so it is hard to claim that your rights were violated.