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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7140
Experience:  Significant experience in all areas of employment law.
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I was put on administrative leave today with pay. All I know

Resolved Question:

I was put on administrative leave today with pay. All I know is that a complaint was made about me and that there would be an investigation. What are my rights. Do I have the right to know what was the complaint about.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear that you were put on administrative leave and have not been told the reason why. I can completely understand why this must be frustrating and you must feel as though there is something you can do to obtain more information.

Unfortunately, an individual in your circumstance has somewhat limited rights. This is because employment in the state of California is presumed to be "at will." More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other."

What this means is that an employer is free to terminate or suspend employees for any reason whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of California law.

Notwithstanding the above, all employees do have the right to view to contents of their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. (Labor Code Section 1198.5) Inspections must be allowed at reasonable times and intervals. The only exception to this rule is that an employer is not required to reveal records relating to a criminal investigation.

Conceivably, an individual in your circumstance could request a review of your personnel file, and your employer would be required to produce all documents relating to grievances against you. This may give you a better idea why you were put on administrative leave.

The problem, as noted above, is that even if you do discover the reasons for the disciplinary action against you, most likely you will not have any recourse since employment in the state of California is "at will."

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7140
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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