Can you suspend someone from work without pay?

Here’s the rule regarding suspensions and non-exempt employees: An employer in California 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.

Do you have to pay someone if you suspend them?

Unless there is a clause in your contract that says your employer can suspend you without pay, you should receive full pay while you are suspended. Most suspensions are on full pay, even when part of a disciplinary process.

When can you suspend an employee without pay?

An employer may suspend an employee without pay if the employee so agrees, or legislation or a collective agreement authorises the suspension.” From this it is therefore clear that employees may only be suspended without pay if they agree. An example would be suspension without pay as an alternative to a dismissal.

What are my rights when suspended from work?

It is important to bear in mind the distinction between ‘standing down’ and ‘suspending’ an employee. However, during a suspension period, the employee remains entitled to all rights of their employment contract, except the right to attend work to undertake work duties.

Can a employer suspend an exempt employee without pay?

Similarly, an employer may suspend an exempt employee without pay for twelve days for violating a generally applicable written policy prohibiting workplace violence. An employer is not required to pay the full salary in the initial or terminal week of employment.

How long can an employee be suspended without pay?

The employer determines how many days the employee will be on unpaid suspension and informs him or her. Both the employer and the employee know exactly how long the person will be out and unpaid, and when that employee will return to work.

When does an employer want to suspend an employee?

The third type of suspension occurs when an employer wants to remove the employee from the workplace immediately and investigate to determine whether termination is appropriate, but does not want to pay the employee during the suspension.

How does a disciplinary suspension affect a nonexempt employee?

Wage and hour. Under the Fair Labor Standards Act (FLSA), an employer is only required to pay nonexempt employees for the hours they work. So, a disciplinary suspension generally will not have FLSA implications for a nonexempt employee.