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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11959
Experience:  JD, MBA
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As a supervisor, staff reported inappropriate actions of a

Customer Question

As a supervisor, staff reported inappropriate actions of a sexually nature regarding DON and that he was photocopying patients charts and taking them home. I reported it to program director. She called me 2 days later and said something came up and I was on administrative leave with pay. I haven't done anything. It appears like retaliation. Advice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Were you given any explanation as to why you were put on leave?

Customer: replied 1 year ago.
PD said she had been investigating DON..and we could hear him yelling at her in her office...I believe he threw me under the bus. He is the type that can't take criticism without someone else also being culpable. She just said she heard something and needed to investigate. I've never had a write up and spend a lot of time fixing what he doesn't do. The team is aware of this
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Are you certain that it's not regular procedure to put employees on paid leave when an investigation like this is underway?

Customer: replied 1 year ago.
I don't understand. This is why I'm asking.
Expert:  TJ, Esq. replied 1 year ago.

Hello again.

Whether or not it is your employer's regular procedure to put employees on paid leave when it investigates is up to your employer. The law does not have any requirements either way.

However, if it is not your employer's regular procedure to put employees on paid leave when it investigates, then you may have a viable grievance against your employer. In that scenario, it would seem that you are the victim of retaliation. This is because other employees in your situation are treated differently.

On the other hand, if your employer puts all employees on paid leave when it investigates, then you would not likely have a viable grievance. This is because you would be treated the same as all employees are treated in the same situation. Accordingly, it would not seem that you are the victim of retaliation in that scenario.

So, the bot***** *****ne is that whether or not you were the victims of retaliation likely depends on your employer's ordinary procedures and policies with regard to similar investigations. You may wish to speak to the HR department to find out what they ordinarily do. If they do not ordinarily put people on leave in your situation, you may wish to speak to a local employment attorney who can inquire directly to your employer and take legal action if necessary.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
Expert:  TJ, Esq. replied 1 year ago.

I'm glad that I was able to answer your question. Thank you for using our service, and please remember to leave positive feedback.