How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

Good afternoon. I am a Human Resources Manager for a Company

This answer was rated:

Good afternoon. I am a Human Resources Manager for a Company and they have recently placed me on an Administrative unpaid LOA. The employer placed me on this leave due to an allegation from another employee of misconduct outside of the workplace. Basically, I was arrested for a misdemenor battery and misdemenor theft. These charges have not been tried in a court room and wont be until another two months. The employee who alledges these accusations is not involved in the charges. What do I do until then? I have been with the Company for 10 years and never have had any issues in my file or on my background record. Please advise.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Did you have an employment contract stating that you could only be terminated or suspended for cause, following internal due process?
Customer: replied 3 years ago.


Ok. The problem is that, in your state, your employment is "at will" without such a contract (you probably know this, being in HR). You can legally be terminated or suspended, without the requirements of cause or due process.

Unfortunately, that means that they can suspend you and there is no means of forcing them to come to a decision more quickly or to return you to employment before the allegations are resolved.

Now, you can attempt to force their hand by filing for unemployment due to lack of work. They'll have to establish their basis for blocking unemployment right away.
Allen M., Esq. and 5 other Employment Law Specialists are ready to help you

Related Employment Law Questions