can an employer suspend an employee for mistakes

I was suspended for three days after I mistakenly sent an email with a trail of six emails back and forth from custom to me and then to parts dept. I had credit card information in the very first email. The company policy had recently changed not to receive or send credit card info electronically. I am a salary worker with an exemplary record documented reviews. No noticed was given that this error would cause suspension only disciplinary action. Can I fight this and get the funds back for the suspension?

1 answer  |  asked Oct 6, 2015 09:56 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Is suspension not disciplinary action?

Are you a member of a union protected by a collective bargaining agreement? Since you are salaried that is not likely.

Are you a government employee / civil servant, with statutory protections afforded civil servants?

Do you have a written contract of employment which prohibits your suspension?

If your answer to each of the above is no then you are most likely an at-will employee. No reason need be given in New York to fire any "at will" employee unless you are a member of a protected class and other employees who have done similar things are or have been treated more favorably than you. Have you been discriminated against due to age, race, religion, color, disability, etc.... when this new policy was enforced?

If your answer is still no then it is probably a good thing that you are still employed.

Personal observations regarding New York employment policies and rules. Sometimes rules are not followed at all. Sometimes rules are followed by very few employees, including supervisors. However, when something bad or close to bad happens and the employer begins following a new rule or one that has almost never been followed so long as every employee is treated consistently and similarly from that point in time the employer may uniformly and non-discriminatorily enforce its rule or rules.

Never quit, seek new employment privately before you are terminated if you suspect they might do so the next time or follow an employer's rules, and provide whatever notice is customarily provided if a new employer wants to bring you on board and you are not violating any non-compete or non-solicitation by doing so. Good luck.

posted by V Jonas Urba  |  Oct 6, 2015 10:52 AM [EST]

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