Suspended With Pay -- Do I Have To Do What They Say

This is a discussion on Suspended With Pay -- Do I Have To Do What They Say within the Other Labor Law Matters forum, part of the LABOR & EMPLOYMENT LAW category; This is my second question (I asked a question in the Criminal Forum) -- As I was suspended with pay ...

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Old Mar 5th, 2012, 08:27 AM   #1
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Question Suspended With Pay -- Do I Have To Do What They Say

This is my second question (I asked a question in the Criminal Forum) -- As I was suspended with pay from an Employment Agency several days ago. I am/was on a contract position at a large company computer and I accidentally emailed sensitive information to my home.

1) Am I obligated to the Employment Agency since it is just a suspension to do as they say since they now are telling me that I have to fill out their form immediately?

2) Do I have the right to have my attorney read the form before signing anything?

3) Do I deserve to know how long I am suspended with pay and why?

I asked at the time why I was suspended and not fired and he told me that there is the possibility that I could be placed back at the company or I could be placed by their agency at another company. I don't believe that for a minute.

4) At this point I want to be done with them and not be manipulated as he told me that I "officially" still work for them and need to drive out to their office and sign the paper.

Thank you for your assistance!!
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Old Mar 5th, 2012, 08:30 AM   #2
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Default re: Suspended With Pay -- Do I Have To Do What They Say

Once again, without someone seeing the "paper" the employment agency is asking you to sign, there is no way to give any opinion. It is not the fact they gave you a paper, but what is ON that paper.

See a lawyer and bring that paper with you so the lawyer can advise after seeing it.
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Old Mar 5th, 2012, 12:55 PM   #3
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Default re: Suspended With Pay -- Do I Have To Do What They Say

The fact you are receiving pay while placed on suspension suggests that the employer has a reason to be careful, if not equitable, with you. Most employment agencies would simply terminate its temporary employee at the first sign of trouble. However, whether the rationales offered by the employer are truthful or not is another story.
If you choose to do so and, of course, the employer provides you with a copy of the document in advance, you can consult directly with an employment law attorney to review the document your employer wants you to sign. If you want to meet with an attorney and to keep your job, you will want to meet with counsel as expeditiously as possible.
You should keep in mind, though, if you an employee at will, your employer can terminate you for not signing the document in question. Moreover, your employer can refuse to provide you with a copy to review in advance. You can likely be compelled to sign or lose your job.
Furthermore, with respect to your first question, you do remain obligated to your employer as long as your employer continues to pay you. If you do not want to do what your employer (legally and reasonably) asks, then you can quit.
Similarly, with regard to your third question, your employer can keep you on suspension with pay for as long as it choose to do so it. It does not have an obligation to inform you whether the suspension will be for a week, a month or a year.
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Old Mar 5th, 2012, 03:39 PM   #4
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Default Re: Suspended With Pay -- Do I Have To Do What They Say

No you don't have to do anything they ask. You can start your job search now.
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Old Mar 5th, 2012, 08:44 PM   #5
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Red Face Re: Suspended With Pay -- Do I Have To Do What They Say

I did go to the office of the employment agency today. I signed a form which is called an Attestment.

It was a form stating that I did what they asked such as deleting the email containing the sensitive information that I had emailed to my home. It was a very simple, basic form and I'm still puzzled as I left there why I am still suspended with pay.

He told me that he could still find me a position and place me there. (Not sure I believe him).

But there was a space where I could write in my version of the situation and what I did to correct it. And I did. And even he said that he truly believed that I did not email it to myself with malicious intent and I stated that as well in the form.

I took my 20 year old daughter there as well for moral support and if I missed something, she could tell me.

I did have a fall on the property where the agency placed me back on January 30 2012, I have had x-rays, a MRI and went to a Orthopedic Specialist with a severe muscle strain in my shoulder and am continuing with physical therapy. I guess I'll just wait and see what happens.

I did have the fear that they would take legal action against me for breaching security but I have not used the sensitive information. But I know they don't have a case as I've complied with everything they've asked and have done nothing malicious.

And I have been looking for another job. Not sitting around waiting for this employment agency to find me something.

Last edited by confused58; Mar 5th, 2012 at 09:04 PM.
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Old Mar 6th, 2012, 07:43 PM   #6
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Default Re: Suspended With Pay -- Do I Have To Do What They Say

One, I am curious. How did you “accidently” e-mail sensitive information to your home computer?


Two, we can only speculate why your employer placed on suspension with pay. It may be it needed you “on board” in order to patch things up with its client. It may be your employer was concerned about a potential retaliation claim related to your worker’s compensation case if it summarily terminated you or suspended without pay. Or it may be your employer is sensitive to everyone’s interests including yours in connection with this inadvertent e-mail issue.


Three, based on your posts, it is difficult to discern what legal action your employer or the client could ever take against you. If you inadvertently sent information to your home computer and you have not otherwise endeavored to misappropriate said information to the detriment of the client and/or your employer, it would not appear any basis for a cause of action would exist. Employees make mistakes. I am certain you are neither the first nor the last employee to innocently forward something to the wrong e-mail address.


Finally, you should explore your options with respect to alternative employment. In the interim, though, you should not resign. If your employer extends your suspension with pay, you should continue to accept the payments until you receive another assignment or you secure alternate employment. Moreover, if you resign, you would have difficulty obtaining unemployment insurance benefits. In contrast, if your employer ultimately discharges you for your e-mail error, you would likely obtain unemployment benefits while you look for another job.
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Old Mar 7th, 2012, 09:51 PM   #7
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Exclamation Re: Suspended With Pay -- Do I Have To Do What They Say

ESteele,

Sending an email to myself was stupid. There was account information in the email (breach of security) in the thread (five or six emails down)-- no excuses from me however my contact person at the employment agency, Don read the email and he said that he knew why I sent the top email to myself. Again no excuses but I was on pain medication and this breach of security was a week ago before they took action.

The person I reported to at the company I was placed at, we had emails going back and forth; then she was rude and abrupt.

Today Don called me and I was fired effective yesterday. I agree with what you said---they were handling a delicate situation and needed to know how to handle it.

When I met with Don on Monday, I asked if his company would place me at another company. He said that due to my work comp injury and me having to go to physical therapy, a company would pass on me as there are others with less baggage. (?) Meaning they wouldn't take time off for physical therapy. I felt that was an odd comment.

So today when Don said I was fired, he said now we need to get you well. And he also said he knew that my physical therapy was winding down. I'm not sure where he got his info but he is incorrect and I didn't bother to correct him. I saw an orthopedic specialist and I had a severe muscle strain in my scapula and it will take 2 to 3 months of physical therapy (I'm hoping for a shorter period of time).

But was Don stupid for stating that I won't be able to find a job because of my injury?? (My 20 year old daughter was there and heard the entire conversation).

He probably wants me to disappear or go away quietly and I want the same. I want no further contact with them. Further, Don is not his really name.
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