Employment Law

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My son has been placed on admin leave without pay. He did…

Customer Question
My son has been...

My son has been placed on admin leave without pay

Lawyer's Assistant: Have you documented this or discussed it with HR?

No, he did not receive a letter or has he been contacted by his employer. It has been over a week now.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time represented employer with Marta. His admin leave is due to tardies.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He wants to keep his job, also willing to take a night shift, currently he is on day shift. What can he do to find out the status of his investigation?

Submitted: 8 months ago.Category: Employment Law
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Answered in 43 minutes by:
9/25/2017
Employment Lawyer: John, Employment Lawyer replied 8 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,987
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 8 months ago

With regard to investigations, there isn't much the employee can do in that phase of the matter (there isn't even the right to know why an investigation is occurring) but the employee should take a few steps to insure a fair investigation. First, the employee should request and review a copy of his/her personnel file. This may give the employee some background and/or contain the allegations against the employee. Next, the employee should try to gather as much information as possible about a) what is being alleged and by whom, b) who if anyone is a witness and what they are alleging, and c) what will be the protocol/procedure for the investigation and how long will it take.

Next, take some time to think about facts that you believe are relevant to the matter - what bolsters your side of the story, what is the background of the matter, what facts may hurt you, are the witnesses and alleging person being truthful - if not what disproves their allegations. When you've exhausted our recollection, write yourself a timeline of events (for your eyes only). Ultimately, you may want to distill this background into facts that you believe show your innocence in the matter. You will want to be sure you bring such a list with you if and when you are interviewed about the matter. Investigations vary in time length and scope. So it may take some time for you to have a result in the matter.

Once you have a result - which will range from no finding of guilt to termination of employment, you'll want to then inquire how this will affect future employment (whether it be with this employer or another) - will the matter be in your file, will management tell others about the result. The employer may also allow you to place your version of facts in the personnel file. Ultimately, you'll want to mitigate the damage to your reputation as much as possible. That can range from asking the employer not to place the contents in your file to suing the alleging party for defamation and slander. Most employers these days will not as a matter of practice place the results in the file or give any reference at all as a matter of practice for fear of being sued.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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