Legal Question in Employment Law in Pennsylvania

My wife is a CNA at a nursing home. She was just suspended until further notice for being accused of abusing a patient. She did not abuse anyone. They said they are investigating the accusations. If she is asked to return to work then will she be paid for time lost during the suspension? Also, if she is fired over this then is there any legal actions that she can take since this will be hear say? Thanks in advance.


Asked on 12/28/12, 10:30 am

1 Answer from Attorneys

Debra Rainey The Law Office of Debra D. Rainey

It is not unusual for an employer to suspend or otherwise make inactive an employee who is the subject of an investigation, or who faces charges of violation of employer conduct policies. If your wife is in a Union she should ensure that she has made the Union Steward aware of the situation. If she does not have a Union, she needs to request from the employer the employer's investigation file, the actual complaint or letter of complaint and all other documents/information relevant to and relied on by the employer during the course of investigation.

If she doesn't have one, your wife should obtain a copy of the employer's personnel policies and procedures or employee handbook. The personnel policies and employee handbooks can be useful to desscribe the employer's policies as the policies relate to investigations, suspensions and the like.

I would suggest you and your wife immediately retain an attorney, one who specializes in or has experience in Labor/Employment.

You can visit my website at www.DebraRaineyLaw.com.

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Answered on 1/06/13, 2:19 pm


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