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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117365
Experience:  20+ Years of Employment Law Experience
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On July-22nd we had a fuel release on one of our major

Customer Question

On July-22nd we had a fuel release on one of our major lines. I was the person and charge and the job was finished that evening. It was a 100 degree plus day and we were very fatigued. We charged the line back up with product and looked for leaks as we always do. We were there for another 1/2 hour while cleaning area and all was good. I asked operations when the line is to be started and could not tell me when or even heard anything. It was 6pm and I gave him system back along with control center. 1 hour and 1/2 later they started system up and had a release. I was sent for drug test and pulled of all my qualifications during investigation. I literally can not do anything! Here we are into week 6 and I have yet to hear 1 word from 3 different bosses and or HR! I go to work sit around do nothing and go home?? I fell very very disgraced and by the way my immediate boss has been harassing me for 5-6 yrs now and now this! please can you enlighten me on this if at all possible! My wife and I are at our wit's end and I think I should be looking for another job which I think that is what they want me to do? I have 16 yrs with this company and this is absolutely disgraceful.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are they paying you for this time?
Are you a union employee?
Customer: replied 11 months ago.
I am being paid
Customer: replied 11 months ago.
sorry- non union
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You have one option in this type of situation, since you are being paid, and that is writing a letter to HR and asking them for a determination on their investigation. Inform them it has been 6 weeks which is more than reasonable and you are entitled to know what is going on with your status.
If HR refuses to reply to your letter, I am afraid that other than sitting and waiting (which is the obvious and I would not suggest you quit) your next step would be to engage a local employment attorney to send a letter to the employer demanding full reinstatement or proof of wrongdoing and a determination by the employer.
The problem is that you are an at will employee, meaning that they need no reason to terminate you and can terminate you for no reason or any reason not based only on your age/race/sex/disability/national origin and you would have no real recourse against the employer. So you have to approach this tactfully as you do not want to force them to fire you and cut off your pay, since right now they are paying you.
You need to send the HR letter and then consider using a lawyer to send a letter if they do not respond, but you cannot push too hard or they can fire you and you would be without any recourse legally other than to collect unemployment.

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