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Paid Administrative Leave

Discussion in 'Employment, Labor, Work Issues' started by dcmt, Sep 16, 2012.

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  1. dcmt

    dcmt Law Topic Starter New Member

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    In this instance, the employee was told they were being put on paid administrative leave, that someone made a complaint against them for conduct, (but would not disclose the nature of the conduct), that an investigation was started and that the employee would be contacted at a later date. The employee can think of no instances in the 3+ year employment that might lead to any sort of complaint or conduct issue.

    My feeling is that this is not going to work out the employee's benefit and they should be prepared for termination, but I am wondering if they employer has any legal obligation to tell the employee what the complaint or "conduct" was?

    Thanks.
     
  2. army judge

    army judge Super Moderator

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    An employer has no legal duty to even disclose (barring a collective bargaining contract) WHY an employee is terminated. Who knows how the investigation will end? So, the employee must wait for an outcome before (if it's even possible) reacting. Things will likely be disclosed in due time.


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  3. cbg

    cbg Super Moderator

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    I am wondering if they employer has any legal obligation to tell the employee what the complaint or "conduct" was?

    None whatsoever.

    IF the employee is fired AND IF the employer chooses to contest unemployment, the employer will have to give a reason to the UI commission and the employee will eventually find out what the UI office was told. If the employee is not fired OR IF the employer chooses not to contest unemployment, the employee may never know, and that will be entirely legal.
     
  4. dcmt

    dcmt Law Topic Starter New Member

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    Thanks...another question...

    If the employee has not heard anything since the initial conversation putting him on administrative leave, and it has been 3-4 days since, should they call the employer/supervisor or not? Is it a good idea to check in with them or wait until they contact him?

    I have no idea what advice to give, I'm not familiar with this kind of issue and he is busy freaking out because he has no idea what's going on.
     
  5. cbg

    cbg Super Moderator

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    Was he given any idea at the time he was placed on suspension, how long it would be?

    If he was told, a day or two, and it's been three or four, then a call to HR would not be amiss. If he was told, a week or two, and it's been three or four days, he should not make any calls yet.

    If he was not given any indication of the length, then I would call when it reaches 4-5 days.

    He wants to come across as concerned about his job, without being a pest about it.
     
  6. dcmt

    dcmt Law Topic Starter New Member

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    No, he was not given any information other than he was being placed on paid administrative leave and an investigation into a complaint regarding conduct was pending. No other information at all.

    Thanks for the advice. Thursday will be a full week. I will suggest he call sometime Thursday or Friday, if he has not heard anything.
     

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