Work related issue-any advice

[xmas74]

I am on an administrative leave at work. It is a paid leave while I'm under investigation. The problem is that I don't know why I'm under investigation.
My immediate supervisor knows that I've compained of harassment from a group of women over the past few months. Nothing was done about it. I've felt repeatedly targeted by this group. Since I don't know my charges I can't prove it's from them but I suspect it is.

Shouldn't I have been informed of my allegations immediately instead of this waiting game? Should I get an attorney to fight?

[Roland99]

1. Might be a wise decision

Also, think back to any possible "evidence" that could be used as retribution back at you.

Ugh...I feel for you. That seems like a rather lack of due process...process. Anyone in HR with whom you're familiar and could inquire?

[xmas74]

7. I'm not allowed to speak with anyone in HR.

We have a QA department. I am required to call it every morning and speak with the secretary. I am not allowed to speak with anyone else.

[Johnny2X2X]

2. Absolutely retain an employment lawyer

Should have done so day 1. You have rights.

[Arthur_Frain]

3. Knowing if you'd signed anything upon entering employment would be a start.

Many jobs have one, and you’d have signed it at your first interview. Go through that if you can get a copy to see what your rights might be in this situation. If you’re on paid admin leave, I’d bet there’s one somewhere.

[Dem_4_Life]

4. I would start talking to an employment lawyer for sure

That sounds very odd.

[Major Nikon]

22. It's not really that odd

It's pretty much standard practice for someone they know is going to be fired.

[xmas74]

25. I don't even know the allegation against me.

I don't know what I've supposedly done.

[Major Nikon]

30. That's how it works

It isn't a court of law and your own defense will be severely limited.

Typically they will interview you at some point. You may or may not be allowed to have a lawyer or some other representative present. If this happens and you don't, here's what I recommend to do during that interview:

1) Answer all questions truthfully and directly. If they catch you in a lie that alone is an example of lack of candor and will almost always get you fired for that reason alone.

2) Do not answer a question that wasn't asked. This seems obvious, but you'd be surprised at how many people will continue to talk when they should be shutting up. If they ask you a yes or no question, answer with simply yes or no. If they want more information they will ask follow up questions. Listen to the question carefully and answer it carefully.

3) Remember that the interview is NOT the time for you to present your defense. Usually it's conducted by a fact finder and not a decision maker. Ask to present a written defense AFTER the interview is over. Even if you are guilty of whatever it is they are accusing you of doing, you should be allowed to present mitigating factors and offers of remorse. This may make the difference between a suspension or removal. If you are guilty, then admitting your mistake and accepting atonement is the difference between an employee who is capable of learning from their mistakes and one who isn't.

[Celerity]

38. unless you are in Montana (and even that is limited protection) you are (unless you have a signed

employment contract) considered an 'at-will' employees and can be terminated for any reason, as long as the reason is not illegal.

https://en.wikipedia.org/wiki/At-will_employment

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's race or religion). When an employee is acknowledged as being hired "at will," courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.

snip

At-will employment is generally described as follows: "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work." In an October 2000 decision largely reaffirming employers' rights under the at-will doctrine, the Supreme Court of California explained:

[A]n employer may terminate its employees at will, for any or no reason ... the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment ... The mere existence of an employment relationship affords no expectation, protectible [sic] by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms.

At-will employment disclaimers are a staple of employee handbooks in the United States. It is common for employers to define what at-will employment means, explain that an employee's at-will status cannot be changed except in a writing signed by the company president (or chief executive), and require that an employee sign an acknowledgment of his or her at-will status. However, the National Labor Relations Board has opposed as unlawful the practice of including in such disclaimers language declaring that the at-will nature of the employment cannot be changed without the written consent of senior management.


Get a competent attorney, by the way.

Good luck!!

[33taw]

5. Document everything and get get a lawyer.

[MineralMan]

6. You weren't told anything before being put on administrative leave?

Nothing?

Since we have zero information about your situation, any advice you might get in this thread will be based on no information.

You might want to talk to an attorney who specializes in workplace issues. You could also ask your HR department for an explanation, but you should probably do that in writing or let your attorney do it.

[xmas74]

9. I work in mental health.

I was told there were allegations against me and that I had to leave my area immediately. I was told to go home, that I am allowed zero contact with anyone at work and that QA will address this all in time. I am required to call the QA secretary every day and ask if there is anything for me. She tells me that she can't discuss it, she will log my call and that they are backlogged so it could be months before my allegations are read.

That's all I know.

[Johnny2X2X]

26. Polish up your resume

You're on paid leave, it could be months. That's a great opportunity to find something better, sounds like it's a toxic environment anyway.

Basically you're getting full pay to find another job, I'd look at it that way. If they do let you go, perhaps there will be a severance.

[peacebuzzard]

8. a labor attorney's advice is prudent.

considering this is a forced leave situation.
Additionally, I would carefully speak once again with your immediate supervisor to see if they have obtained an answer yet. Then, request for clarification steps to determine the exact cause for the forced leave. I would ask this immediate supervisor the next step to obtain clarification if the answer you obtain yields another no answer response. Go up the chain of command obtaining names and dates to hand in to the attorney you consult.
I am so sorry this happened. At the minimum it is a paid leave.
Do you have a work rules source you can consult?

on edit: Mineral Man has an excellent suggestion to place everything in writing, emails are considered documents.

[xmas74]

11. I am not allowed to speak with anyone outside of QA.

The secretary said they are backlogged and it could be several weeks,possibly months,before my allegations are read.

[peacebuzzard]

12. several posts already are suggesting to document this event

that is what I would certainly follow.
so sorry for this. Keep us posted.

[Floyd R. Turbo]

10. If you haven't done so already, document every incident related to the situation that you can

recall. Include names of individuals that witnessed the harassment. It will be especially helpful if you have any emails or other correspondence that supports your allegations. Typically all involved parties are interviewed by HR, in-house attorney, or an outside professional to determine the facts.

Don’t sign anything without the guidance of legal counsel.

[brush]

13. Get an attorney ASAP and have her/him find out more from your boss.

Just them knowing you have an attorney will put them on notice to proceed cautiosly in fu_king with you.

[cbdo2007]

14. Start looking for a new job while you are still employed and before you get a mark on your record.

When they ask why you are leaving your current employer, just say you are wanting a fresh start and that the atmosphere in your current place is too juvenile and distracting in regards to your goals.

[Buckeyeblue]

15. That's what I would do

Especially since you are getting paid. Document your daily call. And start working on finding a new job. Honestly, would you really want to go back to a place like that to work?

[xmas74]

16. I can't look while in my field.

I'd have to leave this field because this investigation will show on a background check.

I had a job offer in private sector two days before this happened. Now I can't accept it because it is contingent upon passing the background

[AJT]

17. I don't think it would show up in a background check since your

current employer can't say anything about this until the investigation has concluded.

[xmas74]

20. I work for my state government

One of the things they ask about is if you're currently under any investigation.

They also tell you if you quit during the investigation it's an automatic assumption of guilt.

[cbdo2007]

18. None of that is on background check yet. Go now!!

That's perfect. Accept that job and let your HR dept and supervisor know that you are terminating your employment immediately because you found a new job.

[xmas74]

21. I work for my state in mental health

We were informed during training that if we areally under investigation and we quit it is an automatic assumption of guilt. Others who've gone through this quit immediately after being cleared.

I came back to this work for decent benefits. I've been treated horribly ever since.

[Ms. Toad]

19. It is insane that you are not allowed to speak with your human resources department.

Get a labor law attorney and have them reach out on your behalf.

Are you under contract - or an at-will employee? If you are under contract, review your contract and see what your rights are. (If you're an at will employee, they could just fire you, for any resason or for no reason at aoo. So in that case, it is good that they are at least undertaking an investigation.)
Are you represented by a union? If so, get them involved.
Is there an equal opportunity office at work? If the harassment was based on gender, race, ethnicity, national origin, or being over 40, they may be able to help you.

[xmas74]

24. I'm a state employee.

The Janus decision was used by many states to justify calling us all at will. I have a union but nothing has happened yet.

Those targeting me are young. I'm over 40 and I have a degree I'm not using at this time. I chose to work there because the benefits are great and I have a child to support. I'm currently working on a second degree that would help me move further in this field.

I've heard nasty comments from my coworkers about my degree, about my age, my grey hair. I've heard that my child's father didnt die-he's hiding from me or that he killed himself to get away from me. They gave a patient a body pillow,named it after me and told him to "hump it". They take off for long periods of time on smoke breaks, come back and immediately report when I leave to use the restroom. They leave the homes with state vehicles and buy fast food or bring their boyfriends to work, which is grounds for termination. I've discussed a few incidents of harassment with my supervisor but they won't do anything for me because one of the women involved said I was "out to steal his job". (I'm not.)

I feel harassed and I feel they are taking advantage of the system.

[Ms. Toad]

31. That sucks.

Janus isn't about at-will employment - it is about the right of employees to choose not to be members of (or to pay fees to) unions.

Since you have a union, there is almost certainly a contract that includes due process rights and a process for both discipline and termination. Contact your union rep and ask for a copy of the contract and review your rights in connection with discipline/termination.

[xmas74]

36. But they're trying to use it as an at will.

That's the problem. It's just getting twisted on state levels. It'll be another court fight, no matter what.

I'm in contact with the union but they're already overextended with cases of long-term employees put on administrative leave for cases that usually don't warrant. This is my second allegation in three weeks-I was just cleared on the first. I have a twelve year record of service with absolutely no discipline on it before October of this year.

[Ms. Toad]

39. They are not even related.

As a lawyer, I can't even imagine anyone making that argument with a straight face. If anything - it provides protection against being fired Imore rights for the worker), not fewer.

At will means they can fire you (and you can walk) for any reason or no reason (aside from a discriminatory reason with no notice or due process at all.

right to work (as the principle in that case is often tagged) means that you are entitled to work in a workplace that is governed by a union contract, even if you refuse to pay the union fee.

[lunatica]

23. At least talk to someone who can help you for real

I know if this happened to me I wouldn’t know where to even start. I donate the ACLU so it occurred to me that if I were in your position I would call them. If nothing else they would advise me how and where to get a lawyer. I believe every state has an ACLU office.

Good luck!

[Major Nikon]

27. Here's what I suspect is happening

For whatever reason the management of your organization has decided to start termination of your employment. The first step in this process is typically to remove the employee from the workplace immediately. In order to circumvent an immediate legal response on your part they place you on paid leave and send you home, which means no adverse action was taken against you immediately. They will also typically lock you out of any meaningful communication with other employees and terminate your access to company email. After they complete their investigation, you will receive notice of the reason along with your walking papers.

Your possible recourse varies depending on your situation.

Are you represented by a union or otherwise have some sort of employment contract? I suspect the answer to both of these is no since they weren't mentioned. If the answer is yes, you may have specific defenses related to either of those situations.

You mentioned downstream you work for a state government. You may have rights specific to that state which protect government employees from arbitrary adverse actions. The normal course of action would require filing an appeal for whatever government entity handles such appeals. While a lawyer isn't required for this, it's usually recommended.

You mentioned making claims of harassment to your supervisor. If this harassment is covered by an EEO basis, then you may have grounds for filing a retaliation claim with the EEOC. As with any legal matter, any emails or other written correspondence about this will become very important. Again while a lawyer isn't required for this, it's usually recommended. You also have the right to file a claim in court rather than going through the EEOC.

[spooky3]

28. Run, don't walk, to a good employment attorney. Nt

[MyOwnPeace]

32. Two calls immediately:

1. Union (start with local rep. - work your way up)
2. Labor lawyer (ACLU would be a good place for a recommendation)

Good luck - I feel terrible for what you are going through!!

[matt819]

29. Labor Lawyer

It sounds to me like you're being railroaded.

[TidalWave46]

33. It appears that you are represented by a union.

What have they said?

[xmas74]

35. Nothing

They are working on several similar cases at the same time. All cases that I know of are employees vested under the old pension policy. (I fall in that boat; I qualify for the old pension and I have seniority over most of the employees because I transferred.)

It's exhausting and already doing a number on my mental health. I'm in therapy for something unrelated but have mentioned the harassment in sessions. My therapist recommended I transfer or find a new position. I found a new position and now this happens.

[TidalWave46]

37. That isn't acceptable of your union. I would be on the phone with them daily.

Document everything.

[OnDoutside]

34. As others have advised, RUN to a lawyer right now. Do not trust your employer. One standard trick

is to send you lawyers letters on a Friday afternoon, when your lawyer has gone home for the weekend, so it will ruin your weekend.