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Giving disciplinary action involves clearly outlining the misconduct and the consequences. You should document each step of the process and ensure the employee understands the situation. Following a Colorado Employee Suspension Checklist can provide a structured approach to implement disciplinary actions.
In Colorado, as in most states, the employer-employee relationship is generally considered at will. This means the employer can fire or demote the employee for any reason.
It is important to note that an employee should only be suspended if the alleged misconduct is gross in nature (very serious), such as theft, fraud, assault, dishonesty, sexual harassment, etc.
Employment contractsYou can be suspended without pay if your employment contract says your employer can do this, but they must be acting reasonably. If your employment contract does not say your employer can do this, your employer may still be able to suspend you, but with pay.
For the first ninety days of suspension, the employee will be provided with the wages at the rate of 50% of such wages. For the remaining period of suspension or in case of any delay in the completion of any proceedings against such employee, the wages at the rate of 75% of the total wages will be provided.
Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation.
The right not to be subjected to harassment, such as sexual harassment. The right to be paid proper overtime. The right to be treated fairly regardless of age, disability, gender, national origin, pregnancy, race, and/or religion.
Gross misconduct means conduct evincing such willful or wanton disregard of an employer's interests or negligence or harm of such a degree or recurrence as to manifest culpability or wrongful intent, or assault or threatened assault upon supervisors, coworkers, or others at the work site.
How to suspend an employee?you have decided to suspend them pending the investigation into the specific allegations/incident and provide reasoning as to why you decided it was necessary to suspend them.the matter is and must be treated as confidential and advise them as to what colleagues in the business will be told.More items...?13-Sept-2019
Wage and Hour: Is It Legal to Suspend an Employee Without Pay as a Form of Discipline? ANSWER: Yes. It is perfectly legal to suspend an employee as a form of discipline.