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    put on administrative leave pending further investigation

    Jurisdiction / State: Washington

    We live in Washington state & my husband is a maintenance technician for a big apartment management company he has worked for this company for almost 3 years he worked at another property for about 2 years then the company no longer managed that apartment complex so he was transferred to this new property & has been there for 1 year then today he was put on administrative leave pending further investigation. He does not know if that means investigation of the issue below or his background.
    So this is what happened a few weeks ago a resident was in the middle of moving from one apartment to another on the same property. My husband was given permission to enter the residentís apartment to fix a work order that the resident submitted. He completed the work order that afternoon. Also earlier on the same day 2 other employees were in the residents apartment doing what there employer had them doing. We do not oversee them in any way. These 2 people are employed by another company (paragon, and what they do is pre rent a certain amount of apartments & they ready each apartment with all complete furnishings for an employee to stay in that has to be temporarily in town for business). The length of stay varies for each person. Everything for these pre rented apartments are taken care of by Paragon except if paragon call the office staff and there is repairs that needs to be done.
    The next afternoon the resident reported he was missing his kindle fire & some clothes from his apartment & wanted to know who all was in his apartment, & then he filed a police report. When the officer arrived my husband talked to the police officer & gave his statement. The next week around Tuesday my husband got another work order for the resident. So my husband & another employee went together & took care of the work order. When they were there they were talking to the resident & asked him how things were going & if they had found who took his stuff? The resident replied that they are getting close to it. After that he did not heard anyone mentioning anything about the incident. Then just last Tuesday witch makes it now about 2 weeks after the incident occurred, he seen the regular employee that worked for paragon who was 1 of the 2 other people that were in the residentís apartment. They were talking and he said that his company (paragon) had already replaced the residents kindle fire & paid him for the clothes & they also fired the temp employee that was the 2nd person there that day. So they both figured that it had all been taken care of. The rest of the week continued on business as usual, & then on Monday afternoon which is now 1 day from 3 weeks after this issue started a detective showed up at his work and talked to his manager & showed her his criminal record & pointed out to her he had felonies. It even had things clear back from when he was a teenager being young & dumb. My husband is 49 years old & the manager was asked him about an issue on his record from when he was 18.
    After the detective left he was called back to the office & was told that he was being put on administrative leave without pay until the investigation was done. & she also said they had to check into him working there because of his felonies. Now there was no problem before she was shown his record by a police officer, but then all of a sudden he was put on administrative leave without pay.
    At the time his employment was started with this company he has never hid anything from his employers he has always been up front & told them exactly what was on his record. The manager that hired him sent in the papers for there company to do a background check. When it came back they discussed what was on his record & asked him to explanations what was on his record, then the manager called his corporate office & they approved my husbandís employment to work for the company. Everything including his background check should be in his employee file. & it always has been in his employee file. So they have known exactly what was on my record from day one.
    It seems to me that prior to the detective showing his criminal record to the manager his company did not wonder or even think he was the one that stole from the resident, because he didnít. Until they were shown his criminal record & then all of a sudden now 3 weeks later he is under suspicion so much to put him on an unpaid administrative leave.


    1) I was wondering can he draw unemployment while on this administrative leave.
    2) Can they use his criminal record to draw a conclusion of guilt even though there was no other reason to put him on this unpaid administrative leave? Until his manager seen his record.
    3) He has been cooperating with the investigation & still will
    4) He wants to keep his job. What kind of things might he want or should he be doing to keep his job.
    5) Are there any legal actions I can take?
    6) Or what options do I have?


  2. Super Moderator Samaritan & Scholar
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    Quote Originally Posted by Teresa View Post
    1) I was wondering can he draw unemployment while on this administrative leave.


    A person is ineligible to receive unemployment while they are gainfully employed.
    The answer is no.
    And, whether he can draw unemployment won't be known until he applies and the agency has investigated his termination.



    Quote Originally Posted by Teresa View Post
    2) Can they use his criminal record to draw a conclusion of guilt even though there was no other reason to put him on this unpaid administrative leave? Until his manager seen his record.


    His criminal record has no bearing on whether he stole anything.
    The police can investigate him, and I suspect they are.
    His interest in the matter probably drew him back onto the police radar.

    As far as his employer, they don't need a reason to fire him or anyone.
    An employer can fire an employee just because he, she, or they want to hire another person.


    An employer can discharge you for lying on your employment application.
    That is a reason that a claimant can be deined UI.

    The common situations involving dishonesty in the work place for which a claimant may be discharged are:

    Aiding or abetting another in committing a dishonest act.
    Cash misappropriation.
    Cash shortage.
    Conversion of employer's or others' property.
    Destruction of employer's records.
    False statements about coworkers or employer.
    Falsification concerning work, work record including time card.
    Falsification of work application.



    http://www.edd.ca.gov/uibdg/Misconduct_MC_140.htm






    Quote Originally Posted by Teresa View Post
    He has been cooperating with the investigation & still will
    He wants to keep his job. What kind of things might he want or should he be doing to keep his job.
    5) Are there any legal actions I can take?
    6) Or what options do I have?




    He should do exactly as he's told and wait.

    He can sue, but he has no basis to sue.

    He's an at will employee, and he can be fired without a reason.

    His employer can fire him because he is too ugly, he's left handed, or they don't like the way he smells.


    I can say that it doesn't look good, but you won't know until his employer speaks.

    You have no options.

    You aren't employed by the apartment complex.

    All you can do is stay out of it.

    He's a big boy, let him handle it.

    Last edited by army judge; 11-07-2012 at 01:12 AM.

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    If he is not being paid, while on leave, he may file for UI in accordance with CA law.

  4. The Following User Says Thank You to disagreeable For This Useful Post:

    Teresa (11-07-2012)

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    Quote Originally Posted by disagreeable View Post
    If he is not being paid, while on leave, he may file for UI in accordance with CA law.


    When was CA absorbed by Washington?

  6. The Following User Says Thank You to Proserpina For This Useful Post:

    Teresa (11-07-2012)

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    Thank you for your time you have taken to address this issue. He did call unemployment today and they said that he would be eligible for UI as long as he was off work. & it ends when or if he returns to work for the same company or another company.

    we also found out that if they continue his employment In most cases, an associate who is placed on administrative leave will be done so without pay. The pay status of an associate will be determined after a full review of the facts and a thorough investigation is complete. Associates who are exonerated of any wrongdoing will be eligible for back pay for any regularly scheduled work hours.
    does this mean any time he was off and should of been working they would have to pay him for? & how long can they keep him on an administrative leave?
    Thanks again for your time I is greatly appreciated.
    Sincerely Teresa & Joe

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    LOL thank you for catching that & pointing that out I caught that too that the link and info is from California laws. we are only a couple of states away so should I drive there and apply for UI? LOL ..Just joking we all make some slight mistakes in our life.

    Thank you for your quick response,
    He did call unemployment today and they said that he would be eligible for UI as long as he was off work. & it ends when or if he returns to work for the same company or another company. but it does depend on what his employer says to.
    Thanks again for your time I is greatly appreciated.
    Sincerely Teresa & Joe

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    Quote Originally Posted by Proserpina View Post
    When was CA absorbed by Washington?
    I saw CA in AJ's link. Thx for the fix Pro.

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