Hi, thanks for submitting your question today. My name is XXXXX XXXXX X’m happy to assist you with your question today. I'm sorry to hear about this matter.
Unless you are a member of a union or have some other contractual right to grieve a suspension with pay, then you will not have recourse unless and until the employer takes some employment action (i.e., terminates or suspends you without pay) because of the matter. Because employment is at will, employees generally do not have a right to know what precisely is being investigated by the employer. As I stated previously, some employees are afforded this right by union contract or independently they negotiate the same. You did not mention such a right in you question. Thus, I’m assuming you do not have the right to appeal a suspension with pay. I’m also assuming the computer belongs to the employer and is not your computer. Thus the employer has the right to take the computer back and inspect it as long as they like. Finally, as you are being paid while on suspension, you do not have wage or unemployment claims you may bring against the employer.
If you are terminated or suspended without pay, then you can make claims for wrongful discharge (for incorrectly terminating you and/or violating you in violation of their own policies) and/or wage and unemployment claims. But you are not at that point now. You’ll simply have to wait and see what happens. If you think there is a chance they’d find evidence of transfer of proprietary information and/or other items that may shed a bad light on you, then you may want to consider retaining an attorney now to determine how to best respond to the employer charges, if any. It will give the attorney an opportunity to familiarize with the matter, rather than being called the day of the matter and have to scramble.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).