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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37884
Experience:  I provide employment and discrimination law advice in my own practice.
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I submitted a claim for discrimination age and origin, retaliation and breach of contract

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I submitted a claim for discrimination age and origin, retaliation and breach of contract against my employer. My main evidence were e-mails and documents of the company, which may be considered confidential. Since I was hesitating to deliver the documents, they complaint to the judge and the judge ordered to deliver all documents to the defendant party. They suspended me on May 31, 2013, with pay, until they finish the investigation because I did not followed the policy of Fraud and confidentiality. I am in a managerial position. They requested me to return all company property: computer, ID, printer, etc. I had no other option because he Judge gave the order. Do the Company has the right to put me on Suspension with pay, but without a date for complete an investigation. This is really hurting my mental and physical health.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. Under law an employer has no duty to create a formal time table or otherwise provide you with a deadline by which time their investigation would be complete. The company has the right to suspend you with pay, and could arguably suspend without pay or even terminate, but if they do the latter, your case against them for discrimination would get stronger as it could be seen as retaliation. I apologize if you are experiencing stress over this, but here the only true solution is to sit and wait. If you contact them, the employer has no duty to respond, similarly if your attorney contacts them, they likewise do not have to respond. Some investigations may take months, but on the bright side at least you are being compensated while on suspension, something the employer generally does not have to provide unless under contract to do so.

Good luck.

Customer: replied 1 year ago.

The point is that the reason for the suspension is that I delivered the confidential documents as evidence because the Judge ordered me to deliver all documents I have in my possession. I was authorized to have confidential information at home since I use to work a lot of extra hours.


My question is if obeying the Judge's order can be use as a valid reason to put me on suspension and with a very bad charge of failing to follow the "Fraud and confidentiality policy". Is there any possibility that the company may establish a legal claim against me?

Expert:  Dimitry K., Esq. replied 1 year ago.

Sobeida,

You cannot use the courts as grounds to claim that you were not in violation if you obtained such confidential documents without permission from the employer. The fact you were asked to provide them to the judge is not the issue, it is the fact you obtained the documents in the first place. I agree that if you were simply suspended for handing over documents that you had a right to possess, it is not something for which the employer could suspend, but if the documents were sent over because you had no right to keep them, then the employer has a right to take disciplinary action.

Does that make sense?

Customer: replied 1 year ago.


All documents I was authorized to use them at office and at home.. Most of them were prepared by me. The others were sent to me. The Judge ordered to submit all documents I have in my possession. They were related to the claim.


 


The company would never give me the arguments to prove my claim.


 


It means that they have the right to terminate me? What about the question that they may establish a claim against me also?

Expert:  Dimitry K., Esq. replied 1 year ago.

Sobeida,

That is a different situation all together. Here, you were under court order to provide the documents to court, and you had no choice to do anything beyond what the courts required. Consequently it was not a misconduct situation--you acted within the scope of employment and based on a legal court order. I assume this is why you weren't terminated, they put you on suspension trying to figure out what if anything you did wrong, they so far cannot justify it as wrongful behavior, and that is why they haven't yet removed you form suspension, they are still searching for a reason. I do not see them having a legitimate reason from terminating you in this situation--you did not act against company policy.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37884
Experience: I provide employment and discrimination law advice in my own practice.
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