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I was put on administrative leave with out a explanation why…

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I was put on administrative...
I was put on administrative leave with out a explanation why and they said I was not allowed to know the reason is this legal? If I quit will they be able to peruse or bother me after I have quit and not a part of the company.
Submitted: 4 months ago.Category: Employment Law
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3/10/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,395
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employment in the state of Virginia is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Since an employer can terminate an employee for unfair or untrue reasons, the law does not require them to state any reason at all. And the same unfortunately goes for suspensions.

As for whether your employer could bother you if you quit, it depends what you mean. If they believe that you stole or committed some other illegal act against you, quitting would not somehow prevent them from going to the police or suing you. If you can to provide more specifics in terms of what you're worried about, I would be happy to provide a more specific answer. Just let me know...

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Customer reply replied 4 months ago

I am not sure what they are even saying I did to go on administrative leave. I am not sure if they are claiming something that is untrue or not fair to me and I want to quit to not deal with a company that won't even tell me what is going on. I don't know if they have the power to make it look like I did something I didn't do. They have done that before to other nurses. Said they did things they did not. I am not sure what's going on. No clue honestly. There was a patient safety concern and they said I knew something that I did not.

Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Thank you.

Obviously I cannot tell you what someone might allege. Quitting will not stop someone from making allegations, or in the case of a nurse, preventing a complaint to the board of nursing. Quitting would typically release you of any further obligations to your employer. You would not have to communicate with them or answer questions. So in that regard it could be helpful,I suppose.

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Customer reply replied 4 months ago

So they can still file.a.complaint to the Board of Nursing but I am.able to argue my case and I don't have to answer to the company anymore correct. I do not like how they have treated me and it's a hostile environment and I was bullied by 4 other RNs and now I am being put on administrative leave. I have been there for 10 years and just had 4 people gang up on me.and make a false allegation that was false. I had witnesses but they believe 4 against 1 so I do not feel comfortable working there. My manager yelled at me and called me a lier. So I want to resign. It just happens conviently the put me.on admin. leave first. Just seems suspicious to me after 10 years and never been in trouble or written up once.

Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

You can certainly resign, but doing so can never prevent a complaint. The board of nursing does not work for your employer, they have an independent obligation to investigate complaints. So if a complaint is made they will reach out to you and get your side and they will be independent arbiters of the facts.

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Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

You can certainly point out to the board that the people making this complaint clearly have ulterior motivations and you can use that to discredit their allegations.

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Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Again, though, the board is going to look into any complaint submitted to them. They are a government agency charged with overseeing nurses. They do not care whether a nurse is still employed or who reported the complaint, they only care if the allegations are true or false.

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