An employer may (in good faith) impose an unpaid suspension for an employee’s infractions of workplace conduct rules—such as rules prohibiting sexual harassment, workplace violence, safety violations, drug or alcohol use, or violations of state or federal laws. This provision refers to serious misconduct, not performance or attendance issues. The suspension must be imposed based on a written policy applicable to all employees.

Employers generally have a great deal of latitude in disciplining, suspending, or terminating an at-will employee—who may be fired or terminated at any time without cause—provided the employer’s decision to discipline, suspend, or terminate the employee is not motivated by discrimination or another illegal motive.

Deductions from the pay of an exempt employee—generally a salaried employee who is exempt under the Fair Labor Standards Act (FLSA)—may be made for suspensions of one or more full days imposed in good faith for disciplinary reasons for infractions of workplace conduct rules. Such disciplinary deductions may only be made in full day increments.

Federal government employees may be placed on indefinite suspension—with or without pay—for disciplinary or other reasons, pending an investigation, inquiry, or further agency action. Federal government agencies generally impose indefinite employee suspensions in three situations:

(1) when the agency has reasonable cause to believe an employee has committed a crime for which a sentence of imprisonment could be imposed, the agency may suspend the employee indefinitely pending the outcome of the criminal proceeding or of any subsequent agency action following the conclusion of the criminal process;

(2) when the agency has legitimate concerns that an employee’s medical condition makes the employee’s continued presence in the workplace dangerous or inappropriate, the agency may suspend the employee indefinitely pending a determination that the employee is fit for duty; and

(3) when an employee’s access to classified information has been suspended and the employee must have such access to perform their job, the agency may suspend the employee indefinitely pending a final determination on the employee’s access to classified information.

In West Virginia, employers have the discretion to impose unpaid suspensions on employees for serious infractions of workplace conduct rules, such as sexual harassment, violence, safety violations, and drug or alcohol use, provided these actions are based on a written policy that applies to all employees. This approach is typically reserved for serious misconduct, not for issues related to performance or attendance. For at-will employees, who can be terminated at any time without cause, disciplinary actions including suspension or termination must not be based on discriminatory or other illegal motives. Regarding exempt employees, who are generally salaried and not subject to overtime under the Fair Labor Standards Act (FLSA), employers may deduct pay only for full-day suspensions imposed in good faith for disciplinary reasons. Federal employees in West Virginia may be subject to indefinite suspension, with or without pay, under specific circumstances such as criminal investigations, medical concerns, or issues with access to classified information. These actions are contingent upon the outcome of the relevant proceedings or inquiries.