Wrongful Suspension

At Gallenberg PC, our Los Angeles, Burbank, and Beverly Hills wrongful suspension attorneys know that California employees have rights, and cannot be subjected to disciplinary measures taken by employers for unlawful or retaliatory reasons.

In the practical sense, workplace suspensions — whether paid or unpaid — stem from employees being accused of wrongdoing, violating company policy, or who are under investigation for conduct or behavior that directly or indirectly affects them, and/or other employees, resulting in the employer demanding they take time away from work.

In some cases, employees may be suspended for misconduct, including unsafe behavior or policy violations. Others may be suspended as retaliation from their employer for reporting wrongdoing in the workplace, which is unlawful.

If you believe you were wrongfully suspended from work in California and were subsequently wrongfully terminated, our Los Angeles County employment law attorney may be able to help. Contact us today to learn more.

We do not charge prospective clients for a confidential telephone intake or online case review.

Suspensions are a period when an employer requires an employee to be away from work for a specific reason that is usually related to a disciplinary matter.

California workplace suspensions may be paid, unpaid, for a precise length of time, or indefinite, depending on the employer’s decision to act.

A suspended California employee has the right to know the reason for the suspension, and the details of the decision, including how long, and whether they will be compensated while they are away.

A California employer has the legal right to suspend a non-exempt employee without pay for a disciplinary reason or pending an investigation of an employee’s alleged misconduct.

Some employers may continue to pay a non-exempt employee, although they are not required to, during a pending investigative suspension, and even provide back pay if an investigation finds no wrongdoing.

Other employers may, but are not legally required to, allow non-exempt employees who are suspended without pay to use their vacation days instead of going entirely unpaid for the length of the suspension.

Almost all employees in California are considered non-exempt employees, unless they fall into one of the following categories where basic wage and hour laws, and the rules regarding suspensions do not apply:

• Employees who earn over 150% of the California minimum wage.
• Employees who earn over 50% of their pay through commissions.
• Employees of the University of California.
• Executive, professional, and administrative employees
• Local and government employees.
• Most computer software professionals.
• Registered nurses.
• Surgeons and other physicians.
• Teachers who work at private schools.

Salaried exempt employees may be suspended without pay only for an employer’s complete workweek and cannot be subjected to salary deductions for one-day or partial workweek suspensions.

• Immediately Contact A California Wrongful Suspension Lawyer. A labor lawyer in Los Angeles can assist you in determining whether the suspension was illegal retaliation, the time frame by which to file a lawsuit, whether you have other legal claims, the value of your case, and can possibly negotiate a settlement or severance agreement.
• Gather Your Evidence. Make sure you request from your employer a written record of the reason for your suspension and results of the investigation. If the employer refuses to provide anything in writing, write down the reasons for the suspension and result of the suspension yourself as this may lead to a defamation case. If you have performance evaluations, those are also helpful in determining whether the treatment was unfair or discriminatory or retaliatory.
• Avoid Discussing Your Wrongful Suspension Case With Third Parties: Anything you say or write whether in text message, emails, letters, instant messages, or social media posts can be used against you. Therefore, it is best to consult with your labor lawyer before communicating with any current or former employee about anything related to your employment, especially if those communications are in writing.

A California employer has the legal right to suspend a non-exempt employee without pay for a disciplinary reason or pending an investigation of an employee's alleged misconduct.

A California employer has the legal right to suspend an exempt employee without pay in good faith and for major workplace violations.

The federal Fair Labor Standards Act allows unpaid suspensions for an exempt employee’s on-the-job drug or alcohol use, sexual harassment, and other violations of state or federal employment laws.

In both cases, a workplace suspension must be tied to a specific incident of workplace misconduct and not the result of discrimination or retaliation for legally protected activities.

If you believe that you have been illegally or unjustly suspended from work in California, or wrongfully terminated after a suspension, our Los Angeles County employment law attorney may be able to help.

Contact us today to learn more.

At Gallenberg PC, our employment law attorney has offices in Los Angeles, Burbank, and Beverly Hills, so unlawfully terminated employees have access to the legal representation they need to pursue results inside and outside the courtroom — no matter where they live or work in California.

Our primary goal is to make legal services accessible to everyone in California, regardless of a person’s ability to pay.

We understand that many individuals cannot afford to pay upfront hourly rates or retainers for an employment or labor attorney. That does not mean they should not have the legal ability to pursue justice after suffering from unlawful treatment in any California workplace.

Our wrongful suspension attorney in Los Angeles, Burbank, and Beverly Hills takes all eligible cases on a contingency basis, which means if we do not win your case, you do not pay our legal fees.

If you were suspended from your job in California for an unjust or illegal reason, contact Gallenberg PC today to discuss your important employment law case with our skilled wrongful suspension attorney in Los Angeles at (213) 986-8432, Burbank at (818) 237-5267, or Beverly Hills at (310) 295-1654 to schedule a free intake today.

If you prefer, complete a Free Online Case Review to have your claim screened by our experienced employment law attorney and we will contact you directly to discuss your case.