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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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My son has worked city of Hamlet NC years. In

Customer Question

My son has worked for the city of Hamlet NC for 26 years. In late September 2015 , a complainant was filed against him . About a week later, he was placed on administrative leave with full pay. While the SBI was investigating the complainant, his pay was stopped in early February, because the City adopted a new personal policy, that he had fallen under the now policy "Failure in personal conduct". In mid March, the SBI presented their finding to the Grand Jury, and a true bill was returned and he was arrested. He filled for unemployment benefits but 10 days ago, was denied benefits for violation of known policy regarding involvement in criminal charges of an employee. He has not been convicted of any crime. His court date will probably be in the Fall. He is still on administrative leave. Does he have any legal grounds against the City?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 6 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of both criminal and employment law experience. It is a pleasure to assist you today. Unfortunately, at this juncture, your son has not legal grounds of recourse against the city, unless he can show that they specifically breached their own written and established policy, or that they have treated him differently than they have treated someone in a similar circumstance relative to the same policy. The city does have the right to utilize this new policy to take his pay. Moreover, relative to the unemployment, since this is considered "for cause" even though it has not resulted in a conviction, the city is safe there too. As you would imagine, governmental entities get the benefit of the doubt in situations like this one. That said, once he is cleared on the charges, you may have a case to recover back pay if he can show that the city either knew or should have known that the charges were bogus and that their decision was egregious in nature. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my work. Best wishes to you and your son moving forward in this difficult situation.
Expert:  Delta-Lawyer replied 6 months ago.
Just checking to see if you have any additional questions. My goal is for you to leave here confident in your position moving forward. Thanks
Expert:  Delta-Lawyer replied 6 months ago.
Just checking in on you. I hope all is well.

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