Imagine waking up one morning, ready to tackle the day, only to find an email in your inbox that leaves you stunned: sorry, we’re suspending you from work. No explanation, no warning, just a vague message that your boss has sidelined you. You start questioning everything—can they do this to me? What did I do wrong? Is this even legal? If this scenario sounds familiar, you’re not alone. Being wrongfully suspended from work can feel like having the rug pulled out from under you, leaving you disoriented and unsure of your next move.
But here’s the truth: just because your employer says they’ve suspended you doesn’t mean it’s justified—or even legal. North Carolina has clear lines between fair disciplinary actions and a wrongful suspension. If your employer crosses those lines, you have every right to push back, including requesting a reason for the suspension, suing your employer, and filing a complaint with appropriate authorities.
Keep reading to learn more about wrongful suspension, what’s fair and what isn’t, and how to protect yourself if your employer’s actions cross a line. And remember, at EMP Law, we’re here for you if you need guidance. Contact us anytime, and let us explain how we can help protect your rights.
What Is Wrongful Suspension from Work?
In North Carolina, employment is generally at-will, meaning an employer can suspend or terminate an employee for any reason. However, there are exceptions to this rule, and wrongful suspension can occur when an employer suspends an employee in violation of employment laws or the terms of the employee’s employment contract. For example, violations could involve suspending an employee without a valid reason, in retaliation for whistleblowing, or as part of discriminatory practices.
What Is an Unfair Suspension from Work?
An unfair suspension from work isn’t necessarily the same as a wrongful suspension. While unfair suspensions may involve harsh or arbitrary employer decisions, legally, they are only wrongful if they violate specific legal protections or contractual obligations.
For example, being suspended without pay for a minor infraction may seem unfair. Still, it may not be illegal unless it falls into one of the categories mentioned in the last section (e.g., discrimination, retaliation, breach of contract). If your suspension was unfair but not illegal, you might still have options for resolving the situation, such as filing a grievance if you work under a union contract or negotiating directly with your employer.
When Is an Unfair Suspension from Work Considered Wrongful?
To determine if your suspension is wrongful, consider these factors:
- Discrimination—federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) prohibit employers from basing suspensions on race, gender, age, religion, disability, or another protected characteristic;
- Retaliation—being wrongfully suspended from work for reporting illegal activities, unsafe working conditions, or for participating in an investigation against your employer is unlawful under both federal and state laws;
- Breach of contract—if you have a contract that specifies the terms under which your employer can suspend you, and your employer violates these terms, this could be a wrongful suspension; and
- Violation of public policy—if your suspension violates public policy, such as when your employer suspends you for refusing to engage in illegal activity, it may be considered wrongful.
An unfair suspension can turn into a wrongful suspension when it crosses these legal boundaries. If you believe your employer wrongfully suspended you, don’t battle your employer alone—contact EMP Law today to protect your rights and take the first step toward justice.
Can I Sue My Employer for Wrongful Suspension?
Whether you can sue your employer for wrongful suspension depends on the suspension’s circumstances. To sue your employer, you must demonstrate that the suspension was discriminatory, retaliatory, or in breach of a contract or public policy. If your employer based the suspension on discrimination or retaliation, you may file a complaint with the Equal Employment Opportunity Commission (EEOC). Once the EEOC finds your case has merit, you may pursue a lawsuit against your employer. If your suspension violates state or federal labor laws, you may also have grounds for a lawsuit. Consulting with an experienced employment attorney at EMP Law first is crucial to determine the best course of action.
Can You Be Suspended from Work Without Being Told Why?
Employers are not always required to provide a reason for an employee’s suspension. However, a lack of explanation can be problematic, especially if it suggests the suspension is arbitrary or illegal. A skilled employment law attorney can help you determine if your suspension is wrongful, explain your rights, and explore your options for challenging the suspension.
What Steps Should I Take If I Am Wrongfully Suspended from Work?
If you believe your employer wrongfully suspended you, take these steps:
- Document everything—keep detailed records of the events leading up to your suspension, including any communications with your employer;
- Request a reason for suspension—if your employer didn’t provide an explanation, ask them to clarify the basis for your suspension in writing;
- Consult an employment lawyer—given employment law’s complexities, it’s wise to consult with an attorney who can evaluate your situation, advise you on your legal options, and help you take the necessary steps to protect your rights; and
- Consider filing a complaint—if your employer bases your suspension on discrimination, retaliation, or another illegal reason, you may file a complaint with the EEOC or a similar state agency, which is often necessary before pursuing a lawsuit.
The sooner you take these steps, the sooner you can hold your employer accountable.
EMP Law: Your Employment Defenders
If you’re facing a wrongful suspension in North Carolina, having the right legal team by your side is crucial. Our firm, recognized by Business Week Magazine, Super Lawyers, and Best Lawyers in America, brings over 140 years of combined experience to the table. We’ve earned accolades for our dedication to protecting employee rights, including induction into receiving Martindale Hubbell’s highest AV Preeminent rating. Don’t navigate this challenging time alone—contact us today for a consultation, and let our seasoned team help you secure the justice you deserve.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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