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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32395
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a nurse and I have been put on administrative leave for

Resolved Question:

I am a nurse and I have been put on administrative leave for 4 weeks pending investigation about patient safety which they did not specify nor they have on paper. Is that another way of them saying I am fired? I still under one year probationary period... can I resign antyime even if I am still on admin leave?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The employer has not indicated that you are terminated, but have stated you are on administrative leave at this time? What about their statements indicates to you that you might have been terminated?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

No. They did not indicate that they will terminate me. It's just that at first, my supervisor initially called me not to report to work for being furloughed. But HR said I was excepted. So he suddenly changed his decision for me from being furloughed to Admin leave.... As to why? I don't know. I heard their decision is ready tomorrow 15thOct. And I fear that they came up with a decision of terminating me even I dont know the reason why, all because I am under probationary period.

Expert:  Tina replied 1 year ago.
I certainly understand how stressful this be for you, Evangeline.

Is that another way of them saying I am fired?

ANSWER: It does not appear the employer has taken any action to terminate you at this time, but has placed you on a leave of absence pending an investigation. I would typically take them at the word at this point.

I still under one year probationary period... can I resign anytime even if I am still on admin leave?

ANSWER: Yes, as long as you do not have a contract stating otherwise, there would typically be no reason you could not resign your position at any time without prior notice to the employer.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 1 year ago.

Another question please...What am I going to do if they terminated me? Do probationary employees have options to appeal or be heard for reconsideration?

Expert:  Tina replied 1 year ago.
Hello again, Evangeline.

If you have reason to believe they discriminated against you or otherwise acted inappropriately, then it would normally be best to retain a local attorney to represent you in seeking recourse against the employer if they terminate you.

If they do not act unlawfully though, they can typically terminate probationary employees even without good cause and there is no right to a hearing. However, if they violated some law, such as laws prohibiting discrimination, then there would normally be grounds to pursue legal recourse.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32395
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 3 other Employment Law Specialists are ready to help you

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