Suspended From Job During Investigation
What to Do if You’ve Been Suspended During an Investigation
Federal Employee Attorneys with Experience Representing Employees Suspended During Investigations
If you’ve been suspended from your job during an investigation, you need to make sure you make all of the right decisions going forward. Not only could your job be in jeopardy, but your income, retirement benefits, and other aspects of your life could be at risk as well. So, what should you do if you find yourself in this position?
At Spodek Law Group, we represent federal employees who have been suspended during investigations. We also represent other employees who are dealing with complex and high-stakes disputes with their employers. No matter the circumstances at hand, we can use our experience to your advantage, and we can help you make the right decisions going forward.
Is Suspension the Same Thing as Termination?
First, let’s address the question: Is suspension the same thing as termination?
The answer is no—at least, not necessarily. While some employers will use suspension as a step toward termination, many employers will also suspend employees when termination is not a foregone conclusion. So, while you will need to be prepared for the possibility of termination, you will also need to keep an open mind and continue to do your job (to the extent possible) while you are suspended.
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What are Your Rights as a Suspended Employee?
As a suspended employee, you have the same rights as any other employee. Your employer cannot discriminate against you or retaliate against you for exercising your rights. Your employer also cannot violate the terms of your employment agreement (if you have one).
If you are a federal employee, you have specific rights under federal law. The federal government must follow specific procedures when suspending federal employees, and a suspension does not necessarily mean that you will lose your job. Federal employees also have the right to appeal suspensions, and they have the right to file complaints with the U.S. Merit Systems Protection Board (MSPB) if their rights are violated.
How a Federal Employee Attorney Can Help
So, you’ve been suspended from your job during an investigation. What should you do? Here are some steps you can take to protect your rights:
1. Seek Legal Advice Promptly
If you’ve been suspended from your job during an investigation, it is important that you seek legal advice promptly. As we just discussed, you have rights as a federal employee; and, in order to protect these rights, you must have a clear understanding of the circumstances at hand.
2. Learn What the Suspension Really Means
A suspension can have a wide range of consequences, and it is important to know what your suspension means for you. For example, a suspension can affect your retirement benefits, and it can also affect your ability to return to work. You will need to know how long your suspension will last (if it is a definite period of time), and you will need to know what you need to do in order to return to your job.
3. Learn Why You’ve Been Suspended
In order to protect your rights as a federal employee, you also need to learn why you’ve been suspended. Is your suspension related to your job performance? Is it related to a specific incident or event? If you don’t know why you’ve been suspended, you won’t be able to defend yourself—and this could put your job, your retirement benefits, and your future at risk.
4. Prepare to Defend Yourself
If you have grounds to challenge your suspension, you should work with your attorney to prepare to defend yourself. This may involve gathering evidence, identifying witnesses, and developing a strategy for your appeal (if an appeal is necessary). You will need to be prepared to present your case to your employer, and you will need to be prepared to do so in a way that is both professional and persuasive.
5. Consider Your Options
Finally, you will want to consider your options. While you may be able to return to your job, you may also want to consider alternative options, such as seeking a new job or pursuing retirement. Your attorney can help you understand the options that are available, and your attorney can also help you evaluate these options so that you can make an informed decision about how to move forward.
FAQs: Understanding Your Rights and Options as a Suspended Employee
What is a Suspension?
A suspension is a temporary removal from your job. It can be with pay, or it can be without pay. Typically, a suspension will last for a specific period of time, but it can also be indefinite in some cases. While you are suspended, you are not required to go to work, and you are not required to do any work for your employer.
What are the Different Types of Suspensions?
There are two main types of suspensions:
- Suspensions with pay
- Suspensions without pay
A suspension with pay means that you will continue to receive your regular pay while you are suspended. A suspension without pay means that you will not receive any pay while you are suspended. Both suspensions with pay and suspensions without pay can be definite or indefinite.
What is a Suspension Without Pay?
A suspension without pay is a suspension in which you do not receive any pay while you are suspended. Typically, a suspension without pay will last for a specific period of time, but it can also be indefinite in some cases. If you are suspended without pay, you may be able to challenge your suspension, and you may be able to seek back pay as part of your challenge.
Discuss Your Suspension with a Federal Employee Attorney Today
If you’ve been suspended from your job during an investigation, we encourage you to contact us promptly for more information. To speak with a senior federal employee attorney at Spodek Law Group in confidence, please call 212-300-5196 or get in touch online today.
