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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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I spoke with you before about being terminated absence time,

Customer Question

I spoke with you before about being terminated for excessive absence time, which was in fact all military leave time, but I didn't give them a copy of orders so they would not recognize it as such. I was unemployed for 1 month, and brought back at the close of their investigation. After coming back I was compensated for half of my lost wages. I went to the HR representative and questioned why I was only given half and she explained it was because "our investigation took longer than expected and you shouldn't be punished for us taking too long" so they payed me only for the "excess" time. I said I believed I should be given full lost wages because it was all over military leave but she told me the time was not in the payroll system as military leave, but still absence time. I asked why it was not military leave if they concluded that I was in fact on military leave and it was confirmed by my commander and she said because I didn't full out time card adjustments. So I filled out a stack of time card adjustment forms for each leave I went on, and turned them in and a week later, my payroll shows up as civic duty and all absence time was removed. So I went to the HR representative again and explained that now it was taken care of and she now tells me that they don't have to compensate me because it was an "internal investigation " and, just like if I was under investigation for assaulting someone or coming into work drunk, they don't pay people for time off due to an investigation. I said it shouldn't negatively affect me because I was not in the wrong and sheven is now telling me I got fired because I didn't turn in time cards for my leave and not for absence time. I think if I was brought back they obviously found I was being truthful and the termination was wrongful but she continues to say it's company policy not to pay lost wages due to an investigation
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Hello again.

The HR person is technically correct that in situations where a person is being investigated the employer doesn't have to pay them, even if it the investigation turns out to show the employee was not in the wrong. The Fair Labor Standards Act just does not consider that compensible time.

That being said, you shouldn't have been put out in the first place, so I think that you have a reasonable basis to complain to the Department of Justice. If the company won't correct the issue themselves, that's really the only option left here.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.