Put on work from home paid administrative leave

[innvaderr]

What is the name of your state (only U.S. law)? Arizona

Hi,
I was placed on paid administrative leave until an internal investigation is complete. They didn't tell me what I was accused of or who accused me and only that I was 'named in a serious accusation'. Although I'm on paid leave, they said I'm still an employee took my laptop to work from home, I just can't be in the office until the investigation is over.

Is this normal for a private tech company in az? I usually keep to myself and only talk to a few people that turned into friends. Could someone have overheard something they thought was offensive and is this the normal process HR takes? I can't think of anything I said or did that would require what seems like an extreme action.

Thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? Arizona

Hi,
I was placed on paid administrative leave until an internal investigation is complete. They didn't tell me what I was accused of or who accused me and only that I was 'named in a serious accusation'. Although I'm on paid leave, they said I'm still an employee took my laptop to work from home, I just can't be in the office until the investigation is over.

Is this normal for a private tech company in az? I usually keep to myself and only talk to a few people that turned into friends. Could someone have overheard something they thought was offensive and is this the normal process HR takes? I can't think of anything I said or did that would require what seems like an extreme action.

Thanks

Those are questions only your employer can answer.

 

[Chyvan]

is this the normal process HR takes?

Normally, they just fire you. Being on paid leave is a gift. Enjoy sleeping in, and the great weather we've been having.

 

[innvaderr]

Normally, they just fire you. Being on paid leave is a gift. Enjoy sleeping in, and the great weather we've been having.

only they have me working from home which seems odd. maybe they don't believe the accuser and are letting me work? I'm confused!

 

[Proserpina]

only they have me working from home which seems odd. maybe they don't believe the accuser and are letting me work? I'm confused!

And there's no way anybody here could even guess at that.

Maybe they do believe the accuser and they're cleaning house and you'll be the last to know. That's not uncommon.

Then again, maybe they're not doing that.

Who knows?

It doesn't change the answers either way.

 

[cbg]

It doesn't make any difference whether it's "normal" or not. It doesn't matter what their reasoning is.

It's legal. That's all you need to worry about.

 

[innvaderr]

thanks everyone.

I now have more info. I am supposed to meet with their employment lawyer to answer questions while a secondary lawyer is in the room and taking notes.

I'm not asking if all this is legal, I am asking if this is what normally happens? They still have not told me what it's about and now I'm nervous. I've never been in trouble and having to meet with two lawyers sounds super serious. Should I be talking/taking a lawyer of my own there?

Thanks

 

[LeeHarveyBlotto]

thanks everyone.

I now have more info. I am supposed to meet with their employment lawyer to answer questions while a secondary lawyer is in the room and taking notes.

I'm not asking if all this is legal, I am asking if this is what normally happens? They still have not told me what it's about and now I'm nervous. I've never been in trouble and having to meet with two lawyers sounds super serious. Should I be talking/taking a lawyer of my own there?

Thanks

In a word, yes.

 

[commentator]

And you honest to gosh haven't got a CLUE about what this might be about? Really? If this is the case, then you just appear, tell the truth, let your record stand. you'll find out about your alleged offense soon enough. Take a lawyer? No, why? If they have cooked up something totally off the wall and decided to accuse you of it or fire you for it, more than very likely, what they are doing is legal. Arizona is a state in which they can fire you for any reason they want to. An attorney couldn't get them to feel differently about the issue, since you don't even know what the issue IS.

When there is much of an issue, or an employer thinks they've really got something definitive on you, they don't usually let you work at home, they send you home on unpaid administrative leave. But on my part, that's just a generalization. What do you mean, "What usually happens?" How could an internet forum possibly answer that?

There's no standard operating procedure for anything that has happened to you and we don't have any idea what the company may be investigating or why they sent you home to work. We can just tell you that if they want to, an employer in your state can fire you "at will." They do not have to have a good reason, a valid proof, a clear cut case, they can fire you. "We don't like those green socks you've been wearing to work lately, you're fired!"

If you think you have been fired for an illegal reason, then you can file a complaint with the EEOC, you know, fired due to race, creed, sex, national origin, all those sorts of things. If you are fired, you'll file for unemployment benefits separate from that. If your company cannot show a valid misconduct reason for firing you, then you might be approved for unemployment benefits for about six months while looking for other jobs.

Do not let them bully you, or ask you to "resign to protect your reference" or something like this. If they accuse you falsely, do not admit to or agree to anything. But remember, if they want to, they can terminate you. Don't confess, agree to just go away or anything like this unless you truly are guilty and they've caught you red handed. If this is the case, they may or may not decide to press charges.

But as to what your company will do or say or what actions they'll take when you go to this meeting, we don't have a clue, no way we could. Do you need to take an attorney with you? Nope, not at this point is my take on it.

 

[justalayman]

only they have me working from home which seems odd. maybe they don't believe the accuser and are letting me work? I'm confused!

If you are still working then you are not on paid leave. You are simply allowed to wear pajamas and slippers to work.

 

[innvaderr]

And you honest to gosh haven't got a CLUE about what this might be about? Really? If this is the case, then you just appear, tell the truth, let your record stand. you'll find out about your alleged offense soon enough. Take a lawyer? No, why? If they have cooked up something totally off the wall and decided to accuse you of it or fire you for it, more than very likely, what they are doing is legal. Arizona is a state in which they can fire you for any reason they want to. An attorney couldn't get them to feel differently about the issue, since you don't even know what the issue IS.

When there is much of an issue, or an employer thinks they've really got something definitive on you, they don't usually let you work at home, they send you home on unpaid administrative leave. But on my part, that's just a generalization. What do you mean, "What usually happens?" How could an internet forum possibly answer that?

There's no standard operating procedure for anything that has happened to you and we don't have any idea what the company may be investigating or why they sent you home to work. We can just tell you that if they want to, an employer in your state can fire you "at will." They do not have to have a good reason, a valid proof, a clear cut case, they can fire you. "We don't like those green socks you've been wearing to work lately, you're fired!"

If you think you have been fired for an illegal reason, then you can file a complaint with the EEOC, you know, fired due to race, creed, sex, national origin, all those sorts of things. If you are fired, you'll file for unemployment benefits separate from that. If your company cannot show a valid misconduct reason for firing you, then you might be approved for unemployment benefits for about six months while looking for other jobs.

Do not let them bully you, or ask you to "resign to protect your reference" or something like this. If they accuse you falsely, do not admit to or agree to anything. But remember, if they want to, they can terminate you. Don't confess, agree to just go away or anything like this unless you truly are guilty and they've caught you red handed. If this is the case, they may or may not decide to press charges.

But as to what your company will do or say or what actions they'll take when you go to this meeting, we don't have a clue, no way we could. Do you need to take an attorney with you? Nope, not at this point is my take on it.

Thanks for the feedback. I truly have zero clue about what I was accused of and part of reason it's driving me crazy. I've worked there over 10 years now and have zero issues with anyone that I know of. The other part is that I don't do very well in interview type settings when put on the spot and I feel this is going to be that type of situation. I'm afraid my nervousness might make me answer things in a manner than might come off as me lying or making them believe that - I don't know.

What if i don't know the answer to something when they ask and then it comes back to me later - will lawyers think I am lying? Anyway, I know you don't have the answers to this, I'm just venting I guess. The unknown is scary to me.

Thanks!

 

[innvaderr]

If you are still working then you are not on paid leave. You are simply allowed to wear pajamas and slippers to work.

Yeah that's what I was saying, but that's what HR told me. "we have to put you on paid administrative leave but will require you to work from home."

 

[commentator]

If you honestly are not looking at porn on the company internet, or sexually harassing another employee, or stealing from the company, something quite big and serious that you know you are doing, then I doubt very seriously if you are looking at being interrogated and worrying if they will believe what you are saying down the road anywhere is unproductive at this time.

You seem to have the employer's investigation confused with a courtroom or an interrogation room or something. It sounds as though perhaps another employee is suing the company, or has threatened to sue them and they want to investigate the situation.

Even with a totally unfounded allegation, for example, say a co worker who hates you has decided to tell a big lie and try to get you fired. They tell their supervisor or HR or someone in authority that they know for a fact that you are stealing information and providing it to a competitor. Or that you are sexually harassing them. Or that you have threatened to come in and shoot up the place. Regardless, it is the responsibility of the company to follow up on this story, to check it out. They would be absolutely out of line if they just blew it off without an investigation. If someone sued the company for sexual harassment, it would look very poor for them if they had received the complaint and hadn't bothered to investigate it.

But they're not going to give you the third degree or beat you with a flashlight or scream at you. They're just going to ask you for your side of whatever it is. Did you do this, say this, are you doing this? And if you didn't do it, just deny it, and trust that the truth will come out. If you don't know the answer to something you are asked, then just tell them you don't know. What else would you do, make something up? If this situation turns out to be really big, you're falsely accused of something really outside the lines, you can always talk to an employment attorney after you find out what is going on.

And do stop telling yourself you always just go all to pieces in situations like these and can't control yourself, and you'll probably wet your pants, and confess to everything they accuse you of.....This is negative and self fulfilling self-talk. Don't preach to yourself this way.

You've worked there for ten years. You are competent, you are an adult and a professional. Speak the truth quietly and professionally. No matter what the accusation that has been made against you is, don't jump up and scream out your indignation. Do not argue, raise your voice, allow yourself to become emotional. Don't cry or act angry or stupid or try to go for the sympathy vote. Just listen, think before you speak, and speak. You'll do fine.