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Two weeks ago, I was placed on a 3-day, unpaid, disciplinary suspension due to an error in a database.

My job involves manually entering data into a database. When roughly three consecutive entries were incorrect (based on a report pulled by the director), I was placed on a 3-day, unpaid leave.

Two coworkers were tasked with reviewing this report and this database in the time I was gone. The two coworkers concluded that the report was pulled incorrectly by the director. During this leave, I had interviewed for another position at a separate company, been offered the position, and accepted.

My director pulled me into their office the day after my suspension was lifted to inform me that I had not made an error and the report that was pulled, by the director, was incorrect due to user error.

Is there anything I can or should do about this? No apology, compensation, or back-pay has been offered and I feel as if I have been wronged due to incompetence. I want to be as professional as I can about this.

Edits: I am an hourly employee and have a normal, professional relationship with this director. I do not have a contract, and my director has only been in a leadership position for one year, with no prior leadership training. I have not asked for back-pay yet as I am still unsure of how to proceed.

OneTimePoster_1
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    Will they backpay you for those 3 days now that they realize it was their error? –  Dec 06 '19 at 14:57
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    Sorry, added an edit: I am hourly and I have not been offered compensation or backpay. – OneTimePoster_1 Dec 06 '19 at 14:59
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    Did you at least ask? What does your contract look like? Do you have one? What does your employee manual look like? Where is this? I can't believe such a stupid employer would exist. – Stephan Branczyk Dec 06 '19 at 15:15
  • You have a new job lined up. Do you want to save your old one? – Mast Dec 06 '19 at 23:52
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    IANAL and you didn't specify a country, but in some countries this is not only illegal, but can also be considered grounds for a wrongful termination, allowing you to claim a compensation from the company. If you even remotely suspect your local laws allow for this, you might want to consult an employment lawyer. If not, 3-days pay is probably not worth the legal fees. – GuilleOjeda Dec 07 '19 at 00:15
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    An employment lawyer would have a field day with this! – ChrisFNZ Dec 07 '19 at 04:22
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    Jurisdiction would be useful – Strawberry Dec 07 '19 at 13:48
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    How many days did the director get suspended for their mistake? – Glen Pierce Dec 07 '19 at 16:57
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    You got an interview, had the interview, got a got offer, and accepted the offer, all in three days? Also, it's a bit confusing how you initially said "the director", but apparently this is someone different from your director. – Acccumulation Dec 09 '19 at 05:58
  • I wonder, if they can pull automatic report on validity of the data you put in, why not also automatically validate it right after you put it in and inform you if it's wrong? – Tomáš Zato Dec 09 '19 at 14:44
  • "during the 3 days I found another job. Maybe you'll be as fortunate during your 3-day suspension!" – Harper - Reinstate Monica Dec 09 '19 at 21:08
  • Am I the only one who thinks the 3-day suspension would be insane even if the OP had made some mistake on that database? I mean, if that data is so darned crucial they should probably not rely on a single persons input... – fgysin Dec 16 '19 at 10:26

7 Answers7

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Yes, you have been wronged. You can quantify exactly how much you were wronged (in the short run): three days' lost wages.

Politely ask for back pay and whatever documentation is necessary to show any future inquiry that you were not at fault. If you really have a normal, professional relationship with this director, then you will get back pay, and an apology.

If not, then you don't have a normal professional relationship. You only thought you did. Since you already have a job lined up, it's time to tender your resignation.

ObscureOwl
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    This answer hits it directly on target. However, after resigning, only the author can decide if they continue to seek the lost wages that they would have been earned. – Donald Dec 06 '19 at 19:55
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    +1. Either way, time to leave. Informing you that you weren't wrong is a darned sight short of an apology. At least now you know exactly what your value is to them. – Wesley Long Dec 06 '19 at 20:43
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    Indeed if they expect you to pay for your mistakes, but not having them pay for their mistake, then no that's not a normal professional relationship. An apology is a good first step, but a good last step is to compensate for the days they wrongly gave unpaid leave for. – corsiKa Dec 06 '19 at 23:06
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    @corsiKa One-sided relationships between management and employees are normal in most of the US. Maybe not healthy, but normal. I've never worked in a place where management is capable of acknowledging a mistake, even an innocent and harmless one, which this is not. – notmySOaccount Dec 09 '19 at 00:53
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  1. If he didn't offer you compensation, you do not have a normal professional relationship. You have been cheated of three days of pay.

  2. Your company evidently is not careful about making accusations if they can badly pull a report and not be bothered to check that they generated it correctly before they put you on suspension. That is a bad sign.

  3. Apologies are as free as water and should be valued as much as a random bucket of it from a stream. Plenty of people will apologize just to make someone feel comfortable.

  4. Docking pay/unpaid suspensions for errors are often illegal. Check with whatever governmental organization regulates employment relationships in your area. If so, report this incident to them.

It is time to leave, especially since you already had a job linked up. Evidently you had other reasons to leave already (as you were job hunting), so just add these to the pile.

Matthew Gaiser
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    Expecting people to make error-free manual database changes is just unrealistic. A professional company would have a manual review step, or ideally automated validation. People make mistakes, and threatening people for mistakes just leads to them being covered up or blamed on others. – Robin Bennett Dec 06 '19 at 15:26
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    I agree, this is not industry standard. While the company is both small and developing, there is no excuse for a lack of effective SOP. – OneTimePoster_1 Dec 06 '19 at 15:32
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    @RobinBennett, Also, a threat of 3 days suspension is just stupid! It's such a disproportionate response for such a minor mistake! Was he even told about this in advance? Was it in his contract? or in the employee handbook? If you ask me, the Director is just a bully. – Stephan Branczyk Dec 06 '19 at 15:32
  • @RobinBennett the OP didn't make an error. It was the manager who made an error in checking. He sounds like a PHB with a "learn SQL in 10 minutes" book. – Matthew Gaiser Dec 06 '19 at 15:33
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    @MatthewGaiser, I think he knows that. I think his point is that the penalty is counterproductive (even if he had made the mistake -- which he didn't). – Stephan Branczyk Dec 06 '19 at 15:35
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    @MatthewGaiser - Stephan is right. I wouldn't want to work for a company like this, even if they did apologise and pay up. The culture seems to be that directors are allowed to make mistakes for free but employees get punished. – Robin Bennett Dec 06 '19 at 16:05
  • If he didn't work for those three days, I'd say he's probably not owed any money... but he needs to get out fast. – Jeremy Holovacs Dec 06 '19 at 19:33
  • +1, but I disagree on the apology. An honest admission of error and an apology at least in large in audience as the accusation are the test of character that would make me decide to stay or go. – Wesley Long Dec 06 '19 at 20:44
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    And if the OP lives in a country or is in an industry that utilized places like GlassDoor for potential employees to consider the company, they should leave a factual account of what happened on that company's profile. This lets others know about possible issues before they even get hired. – computercarguy Dec 06 '19 at 20:58
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    @JeremyHolovacs If he would have worked and was denied the opportunity to work then he is owed money. However, because he used those three days for other things he couldn't do while at work, it is at least debatable. (Not sure if we actually agree or not!) – Andrew Leach Dec 08 '19 at 09:03
  • @AndrewLeach It's quite hard to not use the time if you don't have a time machine or a cryogenic sleep chamber. – user24582 Dec 09 '19 at 13:39
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Short answer: You can fight, and probably win compensation for the time lost, but it may not be worth it.

Longer answer: In all practical terms, it will likely cost you more to fight for it. Ask politely for the money, as the suspension was not justified. If you get it, great, if not, I recommend you just move on to the new job you've accepted.

The reason for this advice is that even though you are in the right, the amount of money isn't worth hiring a lawyer, as your layout will likely be more than you lost from this company. Also, you will need to take time off from your new job to go to court, and possibly take time to meet with the lawyer as well.

Also, depending on the industry, going after a company may come back to haunt you. You should always be concerned about the "whisper network". The simple fact is that people talk. Do you really want to be known as the person who sues companies? They won't care if you were right, just that you are a risk.

Ask, but don't push, it won't be worth the time, money, and stress

Old_Lamplighter
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    In the UK, and probably anywhere in the EU, such a simple and small case is unlikely to involve much in the way of fees. Typically you would use the Small Claims track of the County Court, pay a small court fee (which is recoverable if you win), each side bears their own costs, and you self represent. In OP's case, the defendant has already admitted they are wrong and it is a simple money claim. Plus that any sane employer is unlikely to allow it to proceed to court without settling. (IANAL). – Jon Bentley Dec 07 '19 at 14:39
  • To add to @JonBentley's comment: in The Netherlands you can insure yourself for the need of legal aid due to anything workplace (rechtsbijstandsverzekering). Got it myself, haven't needed it as of yet (hope never to), but it's reasonably expensive (varies from E10 to E15 p/m). Then again, if you need a lawyer, just once, for an hour, you probably would've compensated that if you had the insurance for about 4 years. So, there's that. Also, if you get them involved and a claim is below X amount (varies) they will just pay instead of sueing (cheaper for them). – rkeet Dec 08 '19 at 13:01
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You have an offer for a new job. If that offer is better than your old job, then figure out what your notice period is, and accept the offer.

With that done, you have the choice: a. Go to your old company and give notice. b. Go to your old company and ask for payment for these three days. If they don’t pay you give notice. If they pay, you put the money in your pocket and still give notice.

Your boss thought nothing about taking three days wages away from you. Worse, the fault was his and not yours, so a decent person would take three days unpaid leave in his place. Much more worse, he didn’t do the only possible decent thing which would have been to apologise and pay the three days.

gnasher729
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    If you have a notice period, it doesn't seem unreasonable to subtract 3 days from that period, since they've already not paid you for it. – Dancrumb Dec 07 '19 at 00:03
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    I would also say that if someone gives notice under these circumstances, no reasonable person would expect them to work with the usual enthusiasm. – gnasher729 Dec 07 '19 at 09:11
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    @gnasher729 no reasonable person would dock you three days' pay for their own mistake, either. I'm beginning to think his boss might not be a reasonable person :( – MadHatter Dec 07 '19 at 13:05
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    @MadHattersupportsMonica Unfortunately had to upvote your comment. – gnasher729 Dec 08 '19 at 18:54
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You should ask for compensation for that unwarranted suspension period. Placing someone on unpaid suspension for a suspected error may or may not be legal or allowed by your contract or local employment laws. If they choose not to pay you, you may want to contact an employment lawyer to see if they are required to pay you.

Regardless of if they pay you or not, I would go with the new employer. If your contract stipulates a mandatory notice period, provide it. If you don't have a mandatory notice period, you're free to terminate your employment immediately and without notice. If you do have a mandatory notice period, serve it out.

You may be asked by HR to provide an exit interview, and you can be quite candid with them in this and tell them exactly why you're leaving.

JRodge01
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    The plot thickens: I am HR, and this is the HR director. Unfortunately, I am hourly, as well. My company does not offer exit interviews (conducted by HR) to HR employees. – OneTimePoster_1 Dec 06 '19 at 15:00
  • Then quit and consult an employment lawyer to see if your suspension was legal. – JRodge01 Dec 06 '19 at 16:09
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    @JRodge01 For the sum of money we are talking about, it would hardly be worth the legal fees, or the hit to the reputation that one may get for being someone who sued their company. That is absolutely NOT the rep someone in HR wants to EVER be saddled with – Old_Lamplighter Dec 06 '19 at 17:22
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    @RichardSaysReinstateMonica That's an absolutely ridiculous viewpoint. An employee standing up against a potential illegal action of their employer shouldn't worry about how they'll be viewed, especially if they already have another job lined up. You also don't know the details of the asker's lifestyle. Missing those three days of pay could be crucial. – JRodge01 Dec 07 '19 at 19:01
  • Both @Jack and Richard assume US law's by their comments/answers. Location was never given. Please note some countries have things such as "employment insurance", from which you get legal aid for any dispute related to the workplace. In The Netherlands we call it "rechtsbijstandsverzekering", please have a read (you'll have to translate it - Dutch): https://www.consumentenbond.nl/rechtsbijstandverzekering/rechtshulp-bij-arbeidsgeschil – rkeet Dec 08 '19 at 13:05
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    @JRodge01 You're very brave with someone else's livelihood. You should always be concerned with how you would be viewed. What do you think will happen the next time the OP would go through a background check and it was found that he sued his previous employer. What is foolish is to believe that such actions wouldn't be taken seriously by the next prospective employer, especially for an HR position – Old_Lamplighter Dec 08 '19 at 19:12
  • @JRodge01 if it takes more than 3 trips to court to recover the 3 days of pay, then it is a no-brainer (best case scenario OP wins the litigation and loses money). It is going to take at least one day and a $$$ lawyer. Perhaps OP could threaten to sue and hope they just pay up. – emory Dec 09 '19 at 19:59
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    @JRodge01 experienced (and very successful) litigator here. Choosing your fights is NOT ridiculous. Actually, it's the secret to my success. – Harper - Reinstate Monica Dec 09 '19 at 21:09
  • @Harper-ReinstateMonica exactly, sometimes winning can cost you more than losing. – Old_Lamplighter Dec 10 '19 at 17:51
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    @RichardSaysReinstateMonica Which is why you consult with a lawyer to see if it is worth it before outright denying that avenue. – JRodge01 Dec 11 '19 at 15:45
  • @JRodge01 True, but again, your concerns extend past the legal. I'd sacrifice 3 days pay for my industry reputation, but that's just me. YMMV – Old_Lamplighter Dec 11 '19 at 15:50
  • @RichardSaysReinstateMonica It is concerning that you are okay with a reputation that indicates you allow your employer to potentially take advantage of you through illegal activities without so much as a legal consultation. Unscrupulous employers would love employees like that, but clearly not for the right reasons. – JRodge01 Dec 11 '19 at 15:57
  • @JRodge01 That in no way resembles what I said. I said I would take a three day hit of salary to preserve my reputation. That does not mean that I would not take steps which would not damage my reputation, such as working very hard at a competitor to help them take market share from the previous employer, costing them far more than they cost me, while advancing my career at the same time. – Old_Lamplighter Dec 11 '19 at 16:00
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Two weeks ago, I was placed on a 3-day, unpaid, disciplinary suspension due to an error in a database.

It is sort of a red herring that this wasn't even your fault. Monetary consequences of common errors in work are for management positions or mission-critical positions that are paid according to the responsibilities. Even if you had made one or several mistakes, a job where this leads to consequences like that is a shit job. Unless it pays very highly, leave. That you apparently have not even been offered compensation shows how much of a shit job this is.

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My director pulled me into their office the day after my suspension was lifted to inform me that I had not made an error and the report that was pulled, by the director, was incorrect due to user error.

Is there anything I can or should do about this? No apology, compensation, or back-pay has been offered and I feel as if I have been wronged due to incompetence.

Your suspension is definitely on company records due to the consequences in payment and work load. It appears that nothing contradicting this record is being communicated to HR, or backpay/compensation would have been clearly on the table (unless it is being pocketed by someone else).

This will not just mar your future standing with this company but also any references given by them.

At the very least you need to go to HR and figure out what the story they are being given is. Make sure that it matches what you have been told (it's not even unheard of that pay docketings of unconventional or legally dubious manner are just a pretense for stealing wages).

And afterwards, I strongly recommend leaving that company unless you are convinced that they address the clearly toxic structures and attitudes towards their workers.

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