Feeling Unfairly Suspended After 8 Years at My Job – What Should I Do Next?

I have been working in a Pvt Ltd company for the past eight years. The company has suspended me for the last 11 days due to some unfair practice or violation of rules in the workplace. They did not issue me a suspension letter, provide the duration of the suspension, or clarify whether it will be a paid or unpaid suspension. I believe this treatment is very unfair considering my 8 years of employment with the company. They have not proven my guilt or any violation. Please guide me on what I should do.

Put up a strong but polite representation to the management. List out the facts of the case and ask for clarifications. You may have to take a legal approach if your direct efforts do not bear fruit.

I am Shruti. I have been working in a private finance company for the last 8.8 years. The company has now suspended me for the past 11 days, stating that I have not followed their policies and implying guilt in my work. They do not have proof of my wrongdoing. They have suspended me without providing any formal letter. Furthermore, they have not informed me about the duration of the suspension or whether it will be paid or unpaid leave. Their only response to my queries is that an investigation is ongoing. I seek your advice on any options I may have.

As of now, you are suspended and not dismissed. There is a difference between suspension pending inquiry and dismissal. Please wait for a few more days to complete the investigation. In the meanwhile, you may submit an application for the completion of the investigation as early as possible. A prolonged period of suspension may cause you economic hardship.

Questions to Consider

Why have things come to such a pass? Have they discovered any serious financial irregularities? Is there any change in the top leadership?

Thanks,
Dinesh Divekar

Dear Ma'am,

You are suspended for a particular period. The suspension may or may not result in dismissal. For safety purposes, I would like to advise you to write to management to inquire about the cause. Also, keep a copy or proof of communication with you, which may serve as valid evidence for you in the future. Before terminating your employment, the company must send a notice to the employee according to the company's norms.

I hope this information is helpful for you.

Have a good day!

Please guide me with suspension terms. Can an employer suspend their staff without issuing any communication letter? I don't know whether this is a paid or unpaid suspension. I am not told about my guilt. Can I ask for some explanation from my company? If yes, how should I go about it? Please guide.

Regards,
Shrutika.

A few insights for answering your query:

1. In what capacity are you working with the company?
2. Do any of your company documents, such as the Appointment Letter or Company HR Policy, mention suspension?
3. If you are aware of the standing orders, what type of standing orders are applicable to your company: model or certified?
4. As of now, you may communicate in writing with the company about rejoining, as they have not provided you with any written information to date.

Regards,
Mahesh

You have not mentioned in which capacity and city you are working, or whether you have been given all your due salaries, EL/Bonus, etc., which fall due on completion of certain periods, i.e., month/year or so. Since they have not given you any instructions in writing, it's better that you do not discontinue going to your duty. You may go daily at your reporting time, lodge yourself for duty, and ask for instructions from your senior. In such a way, you will put pressure on the management to decide your case earlier.

At the month-end, when other staff get their salaries, and if you do not get yours, do not wait any longer. Report the matter straight away to the office of the labor commissioner of the area where your employer is operating. Since they have not given you anything in writing, you are on duty if you report timely every day and have the right to demand the dues on a continuous basis. The rest of the matter is subject to industrial dispute or payment of wages under shops and establishments. If your company has a union, it is better to approach them without delay!

Regards

Suspension without enquiry is illegal. Even before going for an enquiry, there should be a complaint, charge sheet, and an explanation from you. If the management is not satisfied with your explanation, then suspension pending enquiry should only be based on the seriousness of the misconduct.

I suggest you identify a professional labor consultant or lawyer, obtain advice, approach the labor department, and then proceed legally.

Regards,
Kamesh