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My boss told me the other day to report to his office to talk about a one day suspension, after getting there he informed me that I have to report to work the next day but not to clock in as my suspension will be to work a full shift but I will not be compensated for my time. This seemed odd to me and when I approached friends they said it was illegal. Is there anything I can do about this?
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Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the key is the 'employee manual' and how the manual addresses 'progressive discipline'. many employment manuals provide for a one day suspension or a one day loss of pay. i would document your concerns in writing with the employer. ed dimon, esq.
Answered on Jul 09th, 2013 at 11:53 AM
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It sounds like it may be illegal. In NJ (as in most places) and under the FLSA, you must be compensated for all hours worked. If you are to be suspended without pay (and not work) that is usually ok. But an employer cannot force you to work "for free." If you are an hourly employee, then this sounds like an illegal practice, but without more information it is difficult to tell. Feel free to call our offices to discuss it further.
Answered on Jul 05th, 2013 at 4:03 PM