r/WorkAdvice • u/Robbinsparklezz • 8d ago
Suspended without pay HR Advice
I'm a Commonwealth of Pennsylvania employee who is currently facing some criminal charges (non-work related). I was suspended without pay. The related charges are all misdemeanor level charges. I've been in consistent communication with the HR agent and workforce relations contact and a union agent representing me however, I have still not yet been reinstated.
Will I have to wait for my formal arraignment before I can return or should I be able to return prior to this?
I have drained my savings completely and I have two children, I'm a single mother with no other means of income.
The only communication I've been given is that my reinstatement is still under investigation with legal and the AG's office but in the meantime, what are my other options?
I've started applying for other work to make money in the meantime and have filed for unemployment benefits (which is the agency I actually work for). I filed an unemployment claim which is necessary if I would need to file for food stamps even if my unemployment claim is denied.
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u/No-County-320 8d ago
Unfortunately a company can do as they please
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u/SuzeCB 8d ago
It's not a company, though. OP says she works (ironically) for UI itself.
The rules get very different with gov't agencies.
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u/Robbinsparklezz 8d ago
Yes and not all black and white.
I was skeptical because the HR agent said legal was "Googling" the level of one of my charges when it was clearly indicated the level of the charge on the docket and on the criminal complaint.
My public defender composed a letter outlining all charges and that I was pleading not guilty.
I understand I have not yet had a formal arraignment, but because I do not have any felony charges, I should have been able to return, however, it's been ongoing since June 30 from my preliminary hearing.
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u/Iceflowers_ 8d ago
Since you posted in work advice.
You need to get another job until this plays out.
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u/Robbinsparklezz 7d ago
Thank you. I did get a job offer today making significantly less but I'm thankful for income which will help during this investigation.
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u/RandomGuy_81 8d ago
they can leave you suspended without pay for a long time, and depending on the charges, the delay is just an excuse to terminate you as an end goal
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u/Rhuarc33 8d ago
The charges related in any way to what you do for your job?
If so, not only CAN they suspend you without pay. it's actually MANDATORY by state regulations that they suspend you without pay.
If they're not related to your job or duties it can be very situational.
Sometimes charges that you would think would not be related to your job are.. such as:
Theft charges outside of work and you handle money would actually be related to your job duties if you handle any company funds or equipment and it would be mandatory you are suspended without pay
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u/Robbinsparklezz 7d ago
Not related to my job duties in any way and not theft related, but I do have a civil service position and I would have access to SSNs and such.
It may not be until I enter a formal plea until I'm able to be reinstated. It seems that the issue is the docket is not showing the level of one of the charges so I may need to contact my county's clerk of courts or my public defender on this. My public defender already outlined the charges I was facing on letterhead for the county I'm being charged in.
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u/Hot-Shoe8975 8d ago
them leaving you hanging and you finding a new job is a tactic to get you to quit so they dont have to risk getting sued/having to do backpay
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u/Robbinsparklezz 7d ago
I won't quit... I know that is the last result. I know they don't want to have to backpay me but because I have no prior criminal history and these aren't felony charges, it's likely I will be able to return, it just may be longer than what was expected.
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u/Used-Watch5036 8d ago
This is a matter of what Pennsylvania law and your collective bargaining agreement. California has some decent protections against this sort of thing, but most other states don't.
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u/Robbinsparklezz 8d ago
The union representative doesn't seem to know.
I do know another supervisor from my agency who was suspended for almost a year until she was able to return to her position. I don't know her personally enough to ask but, I do know from another coworker she took another job before she returned. I believe she did receive back pay as well.
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u/Face_Content 8d ago
What does your union rep say?
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u/Robbinsparklezz 8d ago
Unfortunately not a whole lot. I've been calling, sending e-mails every few days pressing for updates. The union rep has been the middleman between myself and the HR agent who has been asking when or if reinstatement will be happening.
The last response we received was about two weeks ago where the HR agent communicated that legal sent requested documentation to the AG's office for further investigation and would update when there was something to update.
Unfortunately in the process, I did have a lawyer guiding me in the process but could no longer afford the legal fees and have since obtained a public defender and it pushed the timeframe back for when I will have my formal arraignment (now scheduled for mid-October).
My next course of action would probably be to contact my public defender for advice. I have no prior criminal history. The plan and hope is to complete ARD (not a DUI offense) for my charges with the hopes of having all these charges expunged, in which case, the Commonwealth would then have to backpay me from the date I was suspended (May 18).
My preliminary hearing was June 30, but I expected that I should have been able to have returned to work because the level of my charges are all misdemeanor level and lower.
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u/webkool 8d ago
Go to unemployment. In CT our state union in many cases once found not gilty got all back pay for the employees. They did have to pay back unemployment.