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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1283
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was on a 3 month medical leave and once cleared to return

Customer Question

I was on a 3 month medical leave and once cleared to return I was told i needed to meet with HR and my boss before i can be put back on the schedule. I arrived and was presented with things i either did incorrectly or did not do. Then HR stated that she received complaints that people have reported they are "fearful" of me and too afraid to even share any examples for fear of my retaliation. One of the complaints was that i held her "captive" in a car while we were talking because she was too afraid to tell me she needed to leave. Mind you she was taking me to my hotel as a favor and we had a bite to eat, but she is fearful. I sent an email to a peer, many months ago to set this up we were friends we laughed at work called each other talked smack and always making jokes. The email was in context to an outside conversation. I now regret it, but i sent her an email that i was going to round up all the humans and animals then burn her house to the ground. Of course I know how that looks, but it was not meant in that way. As I said it was sent 5-6 months ago but now she has forwarded it to HR claiming to be fearful. Here are my questions.1) I was given no notice and summoned on my first day back asked for my side of the stories with no chance to process things. I was then told i would hear back from them on Friday and that they did not know what was going to happen. I was not told i was suspended, in fact i was not told anything. Am I suspended, do i deserve pay, and does there need to be a paper trail of the suspension?2) Do I have the right to see the written accusations?3) Do i have the right to see the written trail of the investigation?4) Do I have the right to see the email i sent and proof that it was forwarded and when that was done? (I believe they reviewed my emails)5) Do i have the right to know the identity of my accusers?6) I have been informed that my peers were called and asked directly if they had any issues or concerns with me. I am sure they can follow up with others, but can they be so direct?I have never been accused of such things and I am certain that most everyone else would not describe me as such. I feel a complete since defamation and i was told i'm a risk right now now because others can not have the feeling of fearing or threatened.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 30 years and I handle employment law.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Were you gone for more than 12 weeks in total?

2. Were you told not to come to work until you heard from them?

3. What sort of investigation are you aware was conducted?

Doug

Customer: replied 1 year ago.
just a day under 12 weeks. When in my MD note for being cleared for duty I was told " we can not put you back on the schedule until you come in and meet with us" I do not. All I know is they had some things written down on a note pad telling me what I said in the email. I believe that the email was not even forwarded stating fear for many many months.
Expert:  LawTalk replied 1 year ago.

Good morning,

Your situation is pretty complex and I assure you that we will get a better, more thorough, result here by having a phone conversation----but it is up to you.

Doug

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