Suspend with/without pay

dmartenson

Somewhere, in one of my other lives, I heard/read/learned? that if you suspend an EE without pay, this can be considered a termination, and the EE can high-tail it down to the unemployment office. The recommendation was to give the EE time off WITH pay, ask them to go home and think about whether they want to continue working for the company AND follow the rules. If they come back to work and still don't want to follow the rules, then they can be terminated for insubordination. Also, if they come back to work you can ask them to sign a letter stating that they understand the rules and will abide by them.

Does anybody have any thoughts or comments on this course of action?

San Francisco

I don't know about your state, but for all the states we do business in there is a one week waiting period the person must serve if they are found eligible for benefits. So unless the person is suspended for more than a week, it is a moot point. Secondly, even in California, a person will usually be disqualified from benefits if they are out of work for disciplinary reasons. We never suspend with pay for disciplinary reasons - it just wouldn't have the impact desired with our employees.

Elizabeth

Shadowfax

If you make it clear, in writing, that it is a suspension for x days and then return conditioned on whatever, I don't think it will be a termination, at least not for the period of the suspension. An emploee can always say constructive discharge, but you can't control that in any event. In Mi the test for uem is deliberate disregard of the eployers interests, a pretty tough test generallhy, for the employer that is. But, susp w/pay for discipline doesn't amke any sense to me. I suspend w/pay if we don't have all the facts and are completing an investigation or some such thing. I wouldn't worry abojut uem, if you have disciplie/performance problems with the ee and he wants uem ionstead of a job , better be rid of him now anyway.

Betty I_O

[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 10:51AM (CST)[/font][p]Check your State laws re UI benefits. In my state, for example, serving a disciplinary suspension is one of the conditions affecting eligibility for UI benefits--the claimant can be disqualified for up to 10 weeks. We have never considered suspending an employee a termination. Termination means severing their employment and removing them from the payroll. A suspension does neither.

When we issue a warning, it is written and documents the behavior/ performance/other infraction and the consequences of continued failure to correct the identified deficiencies. The employee is asked to sign the warning to acknowledge they have read and received it (they are not asked to sign to concur with the warning), and we give them a copy of the warning. The same procedure is followed for a suspension, as well. This is done when the employee is advised of the issues (same for a suspension; it is not done when they return to work).

There is one situation in which we may suspend an employee with pay,and that is to conduct a fact-finding investigation into incidents, etc. directly involving the employee. In this instance, the employee will return for a scheduled meeting at the conclusion of the investigation (usually no longer than five working days). This may result in exoneration of the employee or could result in disciplinary action, up to and including termination of employment.

The burden of proof always will rest with the employer to prove that the employee was treated fairly. Clearly written policies, solid documentation, and consistently following a program of progressive discipline will better shield an employer from claims of discrimination, retaliation, etc.

Crout

In PA a suspension is treated like a discharge IF....I say if...the EE has lost wages. I'm not sure how rewarding your EE with a paid vacation is going to motivate them to modify their behavior. Nice work if you can get it, but I don't think it would qualify for UC benefits since there was no lost income. In any event, there's no need to have the EE sign a document that he/she will "follow the rules." Following the rules is a basic expectation of employment provided your company has adequately communicated the rules and can prove it with documentation. Your insubordination strategy is also weak. Disciplinary or termination actions should be for specific behaviors that violate specific policies.

pecohr

In my state they would only receive UI if they made less then a specified amount during that work week. If they worked a portion of the week they usually exceed the amount and would not be eligible for any UI payment. If I suspend for 3 days they usually have made enough during the 2 days worked that they become ineligible. Might be different where you work...