What a great company. I think the OP should still see an attorney, although it isn't clear exactly what part of 2-5 they are trying to apply. My experience has been that most attorneys will provide a free 30 minute consultation, and if that isn't available, the local Bar Association can usually refer you to a Free Legal Clinic, which is where many attorneys get their "pro bono" hours. Telling FedEx you have spoken to an attorney is always good because it gets their attention, and handing them the business card of an attorney is even better, because they know you mean business.
Retaining an attorney BEFORE Express hands out a Warning Letter or Involuntary Termination is frankly a waste of time. There is nothing an attorney can do for an employee while they are on PAID administrative suspension (no loss of income has occurred). An employee can be on admin suspension for a number of days (don't know if there is really a limit as to the amount of time Express can place an employee on PAID suspension). Believe me, I spent a few days on admin suspension NOT knowing what I was charged with, having to call in every day to see if my status changed and they wanted me to come in. Once HR finishes up their investigation, THEN they'll call the employee in, start making accusations and wanting a written statement.
Once an employee is looking at either unpaid time off as a result of a Warning Letter, or an Involuntary Termination, THEN it is time to call an attorney and have that first meeting. Right now, the OP doesn't seem to know what he was suspended for - so an attorney would be of absolutely no use.
The first time I was placed on admin suspension, I wasn't told a damn thing - I was just told to hand over my ID and not come onto FedEx property or contact FedEx employees with the exception of my manager until I was told otherwise. I'm not going to go into details about the false accusation, but rest assured that the only way I was able to beat it, was being able to prove myself INNOCENT (I could document with FedEx documentation that I was in one place, while the accusers statement had me in another place during the non-existent incident). I was only able to do this AFTER I was called in to make an initial written statement. The initial written statement was to the affect, "The allegation of which I am accused never took place" . That was my statement. Management wanted me to elaborate (fishing expedition), but I wouldn't bite. The one sentence statement is all I gave them.
The accuser screwed up in providing a false written statement to HR which had the 'incident' taking place at one time and location, which I was fortunately able to prove was impossible - I was in another location. Needless to say, the accuser wasn't too bright.
After that, a coworker called me, and told me that the 'scuttlebutt' got out that the accuser made up a false statement in order to try to get me fired. This coworker managed to get the substance of the allegation, I knew immediately that I could prove myself innocent, so I made another written statement, NOT addressing the allegation, but rather, pointing out my location at the time of the false allegation and pointing to FedEx documentation which could prove my assertion. The day after I submitted this statement, I was called back to work...., nothing happened, glad to have you back, did you enjoy your 'paid vacation".... I'm serious, those bastards had it out for me, and only AFTER I was able to beat their allegation, did they try to act as if nothing ever happened.
Once I was able to do this, the whole matter was quickly brushed under the carpet by management and HR and I was told that I couldn't take any "retaliatory action" against the accuser (co-worker, attempting to get me fired for making them do their job). Management tried to down play it to me, "It is all par for the course being with FedEx, you have to expect these things" - what a load of crap.
As a Courier, an incident which results in admin suspension will involve one of the things I stated earlier: customer complaint, vehicle accident or non-compliance with safety, or other allegations of misconduct with another employee.
I do know of an incident where a career Courier had an event occur, was held responsible, had their employment terminated, contacted an attorney, fought it and WON. He wouldn't comment about what he went through afterwards (STRONGLY suspect he signed a non-disclosure agreement with Express legal, had the feeling he not only got back pay, but his legal bills paid along with some other 'compensation').
As R1a says, admit to nothing, and on your Written Statement, you can simply say "I didn't do it". Write it 450 times if you'd like. Make them prove you did whatever they say it is you were doing.
"I didn't do it", is actually an admission that you know something about the allegation (it leaves the question of "Just who did it then") - you DON'T want to do this. If there is any way, state, "I don't recall" or "I have no recollection of that event", or if you are outright innocent, "The allegation of which I am accused never took place." PERIOD.
Stating "I didn't do it", leaves it a game of "he says, he says" (the Courier is always on the losing end of that battle). Until and unless you get a manager asking you questions straight up (making an accusation), KEEP YOUR MOUTH SHUT. DON'T let them play '20 questions' and having you write a response to each allegation. If you are innocent, make a single sentence statement, "The allegation (or allegations if that is the case) of which I am accused never took place". Sign, date it, that's it.
Don't talk to coworkers, management will be gathering statements from them - and they will 'rat you out' if you talk to them about an allegation before they make their written statement (if they have any knowledge of a supposed event or conversation). HR will be getting written statements from EVERYONE who may have even a clue as to what happened (or what didn't happen). DON'T rely on your coworkers trying to prove your innocence - they will be trying to protect THEIR butts.
I'll admit, if it wasn't for that coworker who gave me a call and let me know what the false accusation was all about - I probably would've been 'toast'. I was getting ready to just quit and walk away from it. Needless to say, I handed that coworker (when he was ready to get out of Express), an interview opportunity with another employer I had a contact with. He took care of me, I returned the favor when he needed it.
Having an attorney, and them knowing it isn't necessarily an ace-in-the-hole, but FedEx doesn't like to work with attorneys. They'd rather "work with you", keeping you in the dark as much as possible, hoping you say something they can and will use against you in a kangaroo "court" of no appeal.
This is absolutely true. Once you contact an attorney and have them represent you, you CANNOT say or write a single thing to Express without your attorney's approval (or they'll dump you). So once you go the attorney route, be prepared to pull out the checkbook for at least $1000 (that's just to scare Express legal into thinking you're not another one of the wage employee sheep). If you actually get suspended, then the bill goes up - if fired, be prepared to spend at least $5000. If you are absolutely innocent, you may be able to not only get back pay, but get your legal bill covered (as a condition of keeping Express out of court). Be prepared to sign a non-disclosure agreement if things go this far. If this is the case, you MUST permanently keep your mouth shut about the incident, from that point forward, Express has paid you for your silence, break it, and they'll come back for what they paid to you for THEIR screw up.