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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience:  Employment/Labor Law Litigation
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Good afternoon. I am a Human Resources Manager for a Company

Resolved Question:

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.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
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 11 months ago.

No

Expert:  Allen M., Esq. replied 11 months 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., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience: Employment/Labor Law Litigation
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