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May27

Disciplinary suspension

Can an hourly non-management employee be suspended without pay?

Yes, both exempt and hourly (non-exempt) employees can be suspended without pay as a disciplinary action. Normally a disciplinary suspension occurs after an employee has been warned about a behavior, in a final attempt to change the employees behavior. If the employee continues to have the same problem, the next step is termination.

For hourly employees, the law is fairly straight forward. The employee is paid when he or she works. If the hourly employee is suspended, he or she is not working and there is no need to pay him or her.

For exempt employees, the rules are a little more complicated. Normally exempt employees are entitled to their entire weekly pay even if they miss one or more days of work at the employers behest. However, federal law does permit unpaid disciplinary suspensions when the company has a clear, written policy of using them. Usually, this policy is in the employee handbook.

An unpaid disciplinary suspension can be a very effective way of getting the employees attention.

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This entry was posted on Wednesday, May 27th, 2009 at 7:34 am and is filed under
Performance Management.
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