My question involves labor and employment law for the state of: NY
It all started once I told my supervisor about my medical condition and placed them on notice for FMLA. I got the runaround; from ignoring my inquires about FMLA to flat out denying me the FMLA when I was eligible. They would assign me toanother department but wrote me up for performance when I didn't complete the duties of my regular department. I would follow the acceptable procedures as outlined by the company and my supervisor would instruct me to do something different and write me up for misconduct when I followed his instructions (which I have via email to prove it).
After dealing with this for months, I filed a complaint with my employer against my supervisor for discrimination based on my disability and FMLA; the manager and HR rep was also listed in this complaint because they knew what was going on and allowed my supervisor to continue his actions. It took them 10 days to acknowledge the letter and only did so because I sent a follow-up email after not hearing from them. It took them a total of 18 days to call me into the office to ask some questions about the complaint. During this time, my supervisor wasn't suspended pending an investigation nor were we separated as I was still required to report to him. Also, the HR rep that was listed in the complaint was so the one conducting the investigation.
A month after filing my complaint, an employee (that has nothing to do with the complaint I filed) went to HR alleged that I said a swear word towards her such as saying "shut the **** up" or something along the lines. They called me in the office within a week to question me about his. I had no problem with this as investigating is their job. I denied using such a phrase to this employee. They go on to tell me that I am being suspended in order to separate this employee and I and pending an investigation.
I found this odd for a few reasons: 1.) I have nothing in my file for such behavior prior to this alleged incident. If there was prior history and they suspended me I would understand. 2.) my supervisor who was alleged to have discriminated against me wasn't suspended nor were we separate when discrimination is a serious issue when in light and compared to saying a swear word.
Suspension should be used for things like threatening, physical violence, sabotaging, discrimination, harassment, when you feel an employee might hamper an investigation by destroying evidence, lewd behavior, theft, and other serious misconduct.
I didn't argue with them when they mentioned it. They tell me that my suspension is paid if I am able to return back to work but my suspension is unpaid if I am terminated. I was told that an investigation will be conducted and nothing has been determined as of yet. That all went out the window when the meeting concluded I was told that security has checked and cleared out my locker and my stuff is waiting at the front desk. If no determination has been made why have my locker cleared out?
The suspension for saying a swear word is going on 5 days and counting and no word as of yet from anyone. I firmly believe this is in retaliation for filing the discrimination complaint. The discipline seems to be out of line and disproportionate considering the factors.
Am I missing something here? Maybe I am looking at it wrong?