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Involuntary leave of absence then fired. Hr put me on the…

Customer Question
Involuntary leave of absence...

Involuntary leave of absence then fired

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Hr put me on the leave of abscence no lawyers involved

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Houred not a union private hospital

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

I was not given a reason for termination and nothing in writing or outbrief

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 hour by:
3/18/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,166
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Can you tell me what state you are in so I can provide a more thorough response to your question? Also, did your employer have a handbook or any employee policies that included leaves of absence? What was the reason for the involuntary leave of absence, if you know?

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Customer reply replied 4 months ago
New Jersey I was arrested but did not lose any work time I have court Mar 26th put on leave of absence because of arrest for 17 months then discharge even tho I said put me back to work
Not sure about handbook and no written info on exact reason for discharge
Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago

Thank you for that additional information. New Jersey is what is known as an at-will employment state, meaning that you or the employer can terminate the employment relationship (you can quit, or they can fire you) for any reason or no reason as long as the reason is not an unlawful one (e.g., discrimination). Unfortunately, they do not need to give you a reason for your termination. That said, if you believe that the reason for your termination was some sort of discrimination, that is worth exploring to determine your full rights. Being arrested - though under our system you are innocent until proven guilty - can be a legitimate reason for refusing to hire someone and for terminating them. It is unclear, however, why your employer would but you on a leave of absence and then terminate you. If they had an employee handbook or policies that stated how arrests would be treated, then there is a possibility, not a guarantee, that they would have to comply with all of their own policies and that violating their own policies may give you a basis to challenge the decision. If you were not provided a handbook, it is likely the employer does not have one, but you may want to consider trying to find out if they do have policies and procedures.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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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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