Unpaid suspension of exempt employee

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Latest post Sun, Jan 25 2009 1:34 PM by irishmanb1974. 0 replies.
  • Sun, Jan 25 2009 1:34 PM

    Question [=?] Unpaid suspension of exempt employee

    Hi guys..and gals!

    I posted back in November about being suspended for something other then a general workplace conduct rule.

    The saga continues...

    I am a municipal employee....for a jurisdiction that is "home rule" under Illinois law. Keep that in the back of your head while you read this...

    End of November 2008, I was suspended for incompetence. The manner of the incompetence is unclear to me still, after all this time, and after asking for the department administration to clarify what that means EXACTLY. I heard nothing.

    So I go to check my personnel file. In it, there is the file on my suspension, so I look through it. There are things in there that I never was given access to BEFORE my disciplinary hearing. There were notes from my department head, with questions she apparently wanted answered, that were never asked of me. So basically, I get sideswiped, because I did not have all the info they were using, in order to defend myself.

    Okay....this gets better....

    I am what is termed a "career service" employee. Our personnel rules do not clearly define this, but I am told that this is the direct opposite of the "at will" provision. However, I am treated like an exempt employee, and after checking with my department HR liason, I am classed as such.

    So....we get to this...

    They suspended me for less than 7 days, for something that is NOT a workplace conduct rule. This was done in an unpaid status. When I bring this to my HR liason's attention, and even showed her the law, she states that she thinks it doesn't matter, because since we are "home rule" the city can do anything it wants to. She said she was going to send my inquiry to the city law department. That was over a month ago.....I have not heard a thing, nor was I paid for the days I missed.

    So, what recourse do I have here? I understand that I can possibly file a complaint, but I am not sure with who?

    And aren't I supposed to have copies of ALL their evidence prior to any investigatory hearing?

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