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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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what can an adverse action in ca gov agency can do to empl

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what can an adverse action in ca gov agency can do to employee
Thank you for your post. Please permit me to assist you.

My apologies, could you rephrae your question. What specifically do you mean?
Customer: replied 3 years ago.

my employer put me on leave of absence per code 19574.5 for 15 days until they decide if adverse action is taken. the reason is they smelled alcohol which i had consumed the previous night and was in my system and enough did not pass for it to go away. I was sent home and letter was sent to me stay home until they decide, my feeling is they will terminate. I do not want any charges filed and can resign without any hassle. They have been after me for a while as i have complained for discrimination and harrasment on diff. issue relating to work.

Thank you for your follow-up, Deep.

Now I understand, you wish to know what an 'adverse action' may mean in this context. There are a few potential options. I will list most of them, but I cannot predict which your employer would reasonably pursue. Termination is indeed one of those adverse options and the most final. Others may include suspension for a specific period of time, loss of position or seniority, an outright demotion either based on position or wages, or both, a formal letter placed in your file discussing misconduct (which can possibly affect future promotions or business opportunities), a transfer to a new location or new position, a request for specific treatment, such as having you enter a 12 step program or Alcoholics Anonymous, a formal reprimand, or loss of privileges. Typically a letter is most common, with many agencies electing to demand treatment or detoxification prior to pursuing termination.

Hope that helps.

Customer: replied 3 years ago.

so i should wait to hear from them instead of calling the the contact person



Thank you for your follow-up, Deep.

That is likely wise. There is no need to demand a fast response here, it may be wiser to let it go and see if they themselves will decide upon a more lenient option, or will agree to provide you with specific options once they decide upon an adverse action toward you.

Good luck.

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