Termination or suspension? Can they legally just suspend me

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Latest post 11-07-2009 11:14 PM by Vadgue.1026. 5 replies.
  • 11-07-2009 11:04 AM

    Termination or suspension? Can they legally just suspend me

    I am an at-will employee in a customer service/sales associate position.  Our corporation has a relatively new policy in place where we have designated 'metrics' - certain items, randomly picked by corporate, which we must try to add-on to customer sales at the register.  Nothing new under the sun, I understand.  The policy however, for our company is, any employee who does not meet every metric each month, will be counselled, and then go through a progressive write up stage.  This is happening all across the country (I am in California).  I received my first official write up yesterday.  While reviewing the form, I noticed the last box (perhaps my future should I fail in their objectives in the next 2 months) stated the consequences would be EITHER termination or suspension for up to 12 months.  I was wondering if this is legal in California.  And if so, why?  Because if it is, would not everyone just suspend a poor employee, instead of firing them, so they would not have to pay unemployment benefits?  I'd greatly appreciate help on this matter, thank you.

  • 11-07-2009 11:34 AM In reply to

    Re: Termination or suspension? Can they legally just suspend...

    Mel Bristow:
    I was wondering if this is legal in California. And if so, why?
    It's legal because it's not illegal.

    Mel Bristow:
    Because if it is, would not everyone just suspend a poor employee, instead of firing them, so they would not have to pay unemployment benefits?

    I hope you aren't naive enough to believe that.

    It's typical corpy euphemistic doublespeak.

    Suspension = Terminated = Fired = Laid Off = Canned = Given the Axe, etc.

    It all means no work, no pay.

    The day you get suspended you file for unemployment. Even if the suspension is for two weeks you'd be entitled to one week benefits after the one week waiting period.

    When you go back to work you go off unemployment.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-07-2009 12:34 PM In reply to

    Re: Termination or suspension? Can they legally just suspend...

    I agree with Jack - just remember that they can fire you for not wearing your Blue shirt or for tying your shoes after you put them on your feet.

    If you think you will be unable to meet the companies requirements your best bet is to look for a new job while you still have one.

  • 11-07-2009 8:46 PM In reply to

    Re: Termination or suspension? Can they legally just suspend...

    I have looked and will continue to do so, but this economy is wretched, and I have a bit of a nightmare schedule.  I can only work while my children are in school, which is M-F 8:30-3... this job has been great dealing with that schedule - they used to say I was worth it.  One thing I know is I haven't changed any.  Just this new corporate policy has.  I have plenty of reasons to want to quit, but 1 to stay - I need the money, it pays my childrens' school tuition.  So, if I quit without a safety net - another job - no money, no tuition.  If I get fired, first time ever in working for almost 30 years, at least I would have unemployment, and could probably save enough to make ends meet the rest to buy time to obtain another job. 

  • 11-07-2009 9:06 PM In reply to

    Re: Termination or suspension? Can they legally just suspend...

    Nobody said quit.

    You can look for another job while you still have a job.

    Most people do it that way regardless of whether times are good or bad.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-07-2009 11:14 PM In reply to

    Re: Termination or suspension? Can they legally just suspend...

    Mel Bristow:
    I can only work while my children are in school, which is M-F 8:30-3...

    You should be able to find a cheap baby sitter for a couple of hours a week - don't let that stop you.

    Another type of job to look for is at a bank - depending on how much you need to make they can be really flexiable as far as hours go.

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