Been suspended, no one will tell me why!

[mandilou1005]

I live in Illinois and am a certified nursing assistant in a nursing home. I got a phone call from the woman who is our HR department who said she was "only the messenger" so she had no details and didnt know why, but that I was suspended from work, and that I should expect a call from our administrator and she would explain it. A day passed and no call, so I started calling her. After 40-odd hours she finally returned my call, unfortunately I didnt get the the ringing phone fast enough to answer it, and immediately returned the call to no avail. That was yesterday, Ive left her several messages, and again shes not returned my call. The worst part is not having any idea what this is about. I do not know what I am accused of or anything. Is this legal? Who should I contact to go over her head, or at least to find out what is going on? Is there a state agency that regulates these kind of things? Thank you in advance.
Amanda

 

[Just Blue]

I live in Illinois and am a certified nursing assistant in a nursing home. I got a phone call from the woman who is our HR department who said she was "only the messenger" so she had no details and didnt know why, but that I was suspended from work, and that I should expect a call from our administrator and she would explain it. A day passed and no call, so I started calling her. After 40-odd hours she finally returned my call, unfortunately I didnt get the the ringing phone fast enough to answer it, and immediately returned the call to no avail. That was yesterday, Ive left her several messages, and again shes not returned my call. The worst part is not having any idea what this is about. I do not know what I am accused of or anything. Is this legal? Who should I contact to go over her head, or at least to find out what is going on? Is there a state agency that regulates these kind of things? Thank you in advance.
Amanda

Yes. Per what you have stated it is legal.

 

[Zigner]

Apply for unemployment.

 

[cbg]

You may as well understand right now: you may never know.

They may bring you back to work; they may put you on probation; they may fire you. I don't know what they will do and neither does anyone here; but here's the important thing - Unless you are a member of a union that expressly and in so many words says otherwise, they are not required by any law, either Federal or state, to tell you why. There is no regulatory agency that it going to force them to, and there is no law you can invoke that will do so either.

Going over her head is not a good career move; nor will it force them to give you any information.

Now, I'm not saying that they definitely will not tell you; they may. But it will be at the time and by the method of their choosing if they do, and if they choose not to, there is nothing whatsoever you can do about it. Nothing. At all. No matter what. Not even if.

Do I think it's a good thing to withhold any information from you? No, I do not. But whatever I think about it, IF they decide not to tell you, that's the ball game.

I am telling you this now so that you can get used to the idea.

 

[commentator]

Call in and leave them (HR) the message that if you receive no further information, you are going to assume you are terminated and file for unemployment insurance. If they are just "suspending" you for a few days as punishment, but don't intend to fire you, that should bring them out. But if they are really firing you, which is what it frankly sounds like to me, with the waffling involved by the person who told you that you were suspended, for what they believe to be some very good cause, they may not respond. They hope you'll just swing in the breeze for a few weeks before you act.

So file for unemployment benefits right away. Tell them exactly what you were told by the HR person in your last communication with them. Tell them you have no idea what this situation is related to (if that is the truth.) They will contact the employer and ask them to provide feedback about why you are no longer working there.

They may, at this time respond to the unemployment query by telling them why you are suspended. Or they may decide to just say nothing. Nothing compels them to tell you exactly why they are getting rid of you. The unemployment system will ask them, in their effort to determine if you are out of work "through no fault of your own" but they don't have to respond to them if they don't want to. Most of the time, they will provide the information, because if they do not, an dyou are approved to draw benefits, it will cost the company money. If they had a valid misconduct reason to terminate you, and they can show more proof of that and be more believable than you who say you have no idea why they're firing you, then you probably will not be approved for benefits.

Any time you are "suspended without pay" that means that if you are out of work through no fault of your own, and if they don't wish to provide information about why you are put off work, you may be approved for unemployment. That's as good as it gets, though, as far as your rights and their legal requirements.

 

[cbg]

Call in and leave them (HR) the message that if you receive no further information, you are going to assume you are terminated and file for unemployment insurance

Not necessarily a good idea. Depending on what's going on, this kind of ultimatum just might swing the wheel towards a termination when one was not intended.

My suggestion would be to simply file for unemployment without pre-notifying the employer of your intent to do so.

 

[commentator]

You're probably right about this one. Just from the sound of it, they've really got something (they think). They're probably doing an investigation. I have seen people languish in this situation, though, suspended, not terminated, for two or three weeks, months, even. The OP should certainly file for unemployment if it goes on for another day or two, talked to them or not.