Employees on paid leave = suspension?

[MrMike]

I have 4 employees on paid leave because I dont want them on the premises until I finish investigating a situation that I may need to fire them over.

The Labor Board inspector told me that this constitutes unlawful suspension, since article 51 of the labor code only allows suspension either by mutual consent or for very specific reasons, the ones I cited are apparently not included. She warns me that I could be sued if any of the four decided to take me to court for unlawful suspension.

My lawyer tells me that the inspector is trying to get money out of me by scaring me, because the fact that I am paying them is proof they are on paid leave and not suspended.

I am not sure who is right.

[Conchman]

when it comes to interpreation of labor law, the judge will almost always determine that the employee is right and the employer is wrong. Do not let it go to to court and do not leave anything to interpretation.

[Duece]

I agree with Conchman, we do not suspend without pay. We suspend to get them out of the building if it is serious but we continue to pay and then liquidate. I have had to learn the hard way about this type of thing and in the end it never works out. Conchman has several hundred employees and so do I and our policy is to liquidate and not litigate.

[MrMike]

I understand, but maybe you didn't notice where I said that Iam paying them. The thing is they are four of my best employees and I really dn't want to lose them, but there are armed thugs trying to kill them and I would rather not get blood all over my ofice.

[sascha]

yeah im a bit confused...how could a PAID leave be considered an "unlawful suspension." they are getting paid and you say they are some of your best employees.

[Conchman]

Originally Posted by sascha

yeah im a bit confused...how could a PAID leave be considered an "unlawful suspension." they are getting paid and you say they are some of your best employees.

you would be surprised whats possible in this country

[Hillbilly]

Folks you have to understand that call centers feature a lot of Dominicans deported from the US for various and sundry crimes. Since they speak pretty fair English they are prime workers for the call center operations.
It is understandable that MrMike is trying to avoid something serious in his working environment., and He Is Paying Them. It is like they are on vacation!!
Personally, I can see nothing wrong with this scenario, beyond the m/f twit from the Labor Dept that thinks he can screw you....but talk to more lawyers. Maybe Luis Veras?? He specializes in labor law...a consult might be worth the money. Dominguez Brito is another option...brings politics into play but power also...

HB

[Berzin]

Why in the world are armed thugs trying to kill your 4 best employees?

Were they in fact dominicans who have been deported from other countries for committing crimes?

This sounds really bizarre...

[MrMike]

Originally Posted by Berzin

Why in the world are armed thugs trying to kill your 4 best employees?

Were they in fact dominicans who have been deported from other countries for committing crimes?

This sounds really bizarre...

Not all, some of them are just bail jumpers....

[Fabio J. Guzman]

The mistake lies in calling what you are doing a "suspension" since the word has a very specific legal meaning as per articles 48 to 57 of the Labor Code.