Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If I have been put on administrative leave for an

Customer Question
investigation of misconduct as a...
If I have been put on administrative leave for an investigation of misconduct as a finanacial advisor for a bank firm for filling out a form after the client signed it with the clients knowledge but goes against the companies compliance manual, is it better for me to resign or wait till they terminate me?
Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
10/5/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,167
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's generally better to resign than be fired, as you can say in applications with new employers that you resigned. Now that does generally make you ineligible for unemployment benefits, but so would violations of employment policies. If you feel that you're going to be terminated, I would say that it's better to resign. But if you don't know (rather, maybe they'll put you on a improvement plan or some other discipline) then it might be worth it to wait and see what their actions will be.

Does that help clear things up?

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
thank you, ***** ***** you feel they were abusing you with the workload and what they expected you to do in the course of a week, do you have leverage?
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Not necessarily. The first thing that you need to know is that Minnesota is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Now if they were discriminating based upon one of those illegal factors, then you would have leverage.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Again, I wanted to make it clear that this is only if you are sure that they're going to terminate. IF there's anything else, please let me know.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Hello?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Please note that I am still waiting for your response or rating...

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Are you there?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 9 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 5 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,167
18,167 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

18,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I wanted to consult with an employment law lawyer to ask
Hi I wanted to consult with an employment law lawyer to ask questions regarding a severance pay package I received yesterday upon termination … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
1. Here's my understanding of termination vs. resignation.
1. Here's my understanding of termination vs. resignation. For case of termination, if I wait for my current employer to terminate me while I'm on paid administrative leave, then I'm eligible to recei… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
On Monday I privately & verbally informed my boss I'm
On Monday I privately & verbally informed my boss I'm considering leaving. On Tuesday, I downloaded details of the project I worked on, onto my personal USB stick purely out of sentimental reason with… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,029 satisfied customers
I was terminated from Wells Fargo in. During my employment,
I was terminated from Wells Fargo in Virginia. During my employment, I was a Service Manager II and not required by my job description to be assigned to a teller drawer. But regardless I had been runn… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I worked for a bank, and my licenses were held at the banks
I worked for a bank, and my licenses were held at the banks financial services division after a few months of employment. I resigned from the bank (as I was not officially working for the financial se… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi I was a licensed banker for Wells Fargo, I was terminated
Hi I was a licensed banker for Wells Fargo, I was terminated due the fact that my ex-mother in law filed several complaints about me and the bank wanted to further investigate and put me in an adminas… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I have a question regarding termination and severance. I live
I have a question regarding termination and severance. I live in the state of Virginia and work for an employer that provides "foster care" to individuals with intellectual disabilities, for the past … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was brought in the office at the end of my shift before a
I was brought in the office at the end of my shift before a scheduled vacation. I was given options to quit or be terminated. Administration wanted an answer that day. Suggested I did not want to have… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I am applying for unemployment benefits. I resigned rather
I am applying for unemployment benefits. I resigned rather than be terminated. The central office grounds was I was not the right fit and the school. In seeking unemployment is asks me if I have done … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Can I be terminated based on a policy that I had no idea I
Can I be terminated based on a policy that I had no idea I was in violation of, nor had knowledge existed? For that matter, the policy was created in May 2011 and not made readily available to directo… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I was tricked into sending in my written resignation before
I was tricked into sending in my written resignation before my bonus was actually paid out (didn't realize below was written in my employment contract that I had signed years ago). My firm is a start-… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was put on admin leave with full pay while a compliant about
I was put on admin leave with full pay while a compliant about my behavior was investigated. After several days I was told that if I resigned the investigation would go no further and I would be given… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
What constitutes misconduct in a wrongful termination suit
What constitutes "misconduct" in a wrongful termination suit in the state of Maryland whereby a teacher was put on leave without pay, medical benefits ... The alledged misconduct has not been addresse… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I relocated 10/14/2009 for a new position as an exempt professional
I relocated 10/14/2009 for a new position as an exempt professional employee. I was in my job for 5 days when I was placed on an action plan for tardiness, although the hours I had agreed to work were… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
what are my rights in a nursing home investingation for neglect
what are my rights in a nursing home investingation for neglect of a co-worker when i have complied with all their questions and all they ask of me to do in this investigation. when the investigation … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Trying to find out if there is a statute of limitations in
Trying to find out if there is a statute of limitations in the state of CA for wrongfull dismisal? Also not sure if CA is the correct place since I was working for an American International Company in… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am currently employed with a fitness company. They put me
I am currently employed with a fitness company. They put me on administrative leave as I am under investigation which they had me sign my statement for. Long story, but I was told by my manager a cert… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I was fired and denied UI benefits citing I committed ...
I was fired and denied UI benefits citing I committed misconduct in inquiring to colleague concerning if she got an increase to take a position my supervisor told me he wanted to fill but then filled … read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x