Queens New York Employee Suspension Checklist

State:
Multi-State
County:
Queens
Control #:
US-167EM
Format:
Word; 
Rich Text
Instant download

Description

This checklist provides guidance to management concerning the steps to take in dealing with a suspended employee.

How to fill out Employee Suspension Checklist?

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FAQ

You can be suspended if you are being investigated for misconduct, for health or safety reasons, for example, because you are pregnant. Suspension is often part of an organisation's disciplinary procedure, to allow an investigation to take place. Employees can be suspended for medical or health and safety reasons.

It's safest for the employment contract to explicitly provide a right to suspend the employee and a method of calculating pay during the suspension. Even if the employer has a contractual right to suspend an employee, that right to suspend must be exercised on reasonable grounds and in a reasonable way.

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.

Suspension and termination are disciplinary options employers can use. Suspension is a temporary separation from work, while termination or discharge means permanent dismissal.

6 Ways to Come Back from a Suspension Like a Boss Communicate professionally and responsibly with your employer throughout your suspension.Clearly define expectations with your employer before your return to work.Avoid even a suggestion of misconduct.Know your rights.Be apologetic where appropriate.

There is no set amount of notice that an employer must give an employee to warn them that they are being suspended, but they must always act in accordance with any relevant disciplinary policy. However, it is rare for standard policies to require employees be given a warning before suspension.

Most employers would consider intoxication (drink or drugs), fighting or physical abuse, indecent or lewd behaviour, theft, fraud, sabotage, offensive behaviour (such as sexism, harassment, discrimination, bullying or any form of abuse), serious negligence, or gross insubordination as examples of gross misconduct.

If an employee is suspended from work due to their job posing a risk to their Health and Safety, then this period of suspension can be up to a period of 26 weeks on full pay, if the employee has been employed with the company for a minimum of one month.

An employer has to have reasonable and proper cause to suspend you. It may be acting unreasonably (and in breach of contract) where the disciplinary allegation against you isn't credible. For example, if your employer is acting on vague, contradictory or uncorroborated allegations.

An employer has to have reasonable and proper cause to suspend you. It may be acting unreasonably (and in breach of contract) where the disciplinary allegation against you isn't credible.

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Queens New York Employee Suspension Checklist