New York Employee Suspension Checklist
Description
How to fill out Employee Suspension Checklist?
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FAQ
When to suspend an employee? You may need to suspend an employee if you're carrying out an investigation into an alleged issue of misconduct concerning them and are concerned that the business or individuals within it will be at risk if the employee remains in the workplace.
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.
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.
Suspension is considered as an administrative penalty when an employee commits several infractions of the company policies or code of conduct such as repeated absences, repeated tardiness or other similar acts. It may also be resorted to when an employee committed gross or habitual negligence of his/her work.
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.
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.
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
ANSWER: Yes. It is perfectly legal to suspend an employee as a form of discipline. It should be considered the same way as any other form of discipline, such as demotion, salary reduction, or termination. That said, suspensions take many forms.
Employees classified as Management Confidential (M/C), may be suspended from duty without pay consistent with New York State Civil Service Law Section 75. At the time of suspension they must be served with a Notice of Charges specifying the misconduct or incompetence they are being accused of committing.
