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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2980
Experience:  Exclusively practice labor and employment law.
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I work for a large corporation and have for 13 years. On Monday,

Resolved Question:

I work for a large corporation and have for 13 years. On Monday, Sept. 23rd my HR person told me I was being suspended for a "long term" investigation into "sharing Proprietary" information. They took my laptop. 18 days later I still have not been told what the actual allegations are against me. the only time I have gotten any information is on the 2 following fridays I called them to be told they will still investigating. I Wed. of this week, my HR person called me to say someone would be calling me on Thursday to ask me questions. No one did. I sent an e-mail this morning asking both my HR and Regional HR When will this happen to get resolved. And should I look to finding my own representation. What are my rights? What can i do in this situation. They are paying me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’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.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2980
Experience: Exclusively practice labor and employment law.
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