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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38794
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I work for Turning Point (WSI) and have worked there since

Resolved Question:

I work for Turning Point (WSI) and have worked there since 6th May 2013, today I got suspended without pay cause some said I'd touch inappropriately. I have no idea who would want to say that but it has upset me terribly. I am 62 years of age, married, and very happy in my work; I was unemployed for six months prior to this job with WSI, so you can understand I wouldn't do anything to jepodise my job.
Can you offer any advice please, my Character/integrity is going to take some serioud damage here, and I've done nothing to be ashamed of..
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. I am very sorry to read that you are in this situation.

Is this a union based position or are you 'at-will'? Has HR notified you of when they will have an investigation? Do you have any idea even of who made such a complaint or how it may have been done?
Customer: replied 1 year ago.

No, I am employed as a driver and the conditions of my employment are that they can release me of duties without giving reason.


HR has not been in touch as yet, manager took me to one side and explained what had happened, I have no idea as to how this came about, I am very careful to how people perceive me and am trying to be as good an employee as is humanly possible.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up and your patience. Please allow me to respond to your concerns below:

As much as it pains me to answer you in this manner, so far your best interest is to pursue a 'wait and see' approach to this. You would need to contact HR and obtain some sort of a time-frame by which time they have to make a decision one way or another. So far, these are allegations and as yet there is a limited claim fro defamation since you do not know who made it. You can choose to retain counsel and have that attorney act as your representative when speaking to your employer but your employer is under no legal duty or obligation to provide you with a response. All I can say is if your employer does not permit you to return to work within 5 business days, under law you can consider yourself to be 'constructively terminated' and use that as a basis to pursue unemployment benefits from the state as then your termination would be without cause.

Good luck.

Customer: replied 1 year ago.

I do thank you for your advice, I will take it then that I have to as you say 'wait and see'. I so much enjoy this job, it really hurts to think someone would do this to me.


Thank you again Victor.

Expert:  Dimitry K., Esq. replied 1 year ago.

Victor,

You are most welcome and I do wish you well. If you have any additional concerns or further developments, please do not hesitate to reply to me again.

Otherwise, if satisfied, kindly do not forget to positively rate my answers to you so I may obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38794
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
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Attorney at Law
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.