Rights during investigation

[S300LR]

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

I am currently on unpaid suspension pending the results of an investigation. The incident being investigated falls under insubordination, so nothing of legal consequence. Just violation of company policy. It has been 8 days this far, and I’m being told that it could be sometime next week before they have an answer. Aside from this being ridiculous and overblown considering what happened, it seems almost clear that I’m being punished by way of suspension and they’re using their “investigation” as an excuse.

The investigation, according to them, involves gathering written statements from all employees that were on site the night of the incident, and reviewing video. The problem is that they have not even attempted to get a statement from anyone. The only statement they have on file is my own. They haven’t even mentioned statements to anyone on my crew. Nor have they reviewed video.

My questions are:

1. Is there a timeframe of any kind that an employer must follow during an investigation when the accused is on unpaid suspension? More or less, are they allowed to take their time doing this investigation?

2. Are they required, either during or once they’ve completed their investigation, to provide me with copies of any evidence being used against me?

Thank you!

 

[justalayman]

1. Is there a timeframe of any kind that an employer must follow during an investigation when the accused is on unpaid suspension? More or less, are they allowed to take their time doing this investigation?

they can take as long as they want to take

2. Are they required, either during or once they’ve completed their investigation, to provide me with copies of any evidence being used against me?

no

Your options are;

1. Wait

(a) You can file for unemployment while you are not having earnings.

2. Quit

(a) you can file for unemployment but given the situation being granted unemployment would be questionable.

 

[cbg]

Short answers:

1.) No.

2.) No.

Longer answers:

1.) It would be impossible to set such a limit. Some investigations can be completed in ten minutes, others can take weeks. They aren't required to drop everything else that's going on and make this a priority. And quite frankly, unless you are physically with "them" every minute of the day, you don't know what they do and do not have or what they have done. Just because your co-workers say innocently, "Oh, no, no one has asked me for a statement" doesn't mean that's the truth. And you damned sure don't know if they have or have not reviewed any video.

2.) In fact, there are some states where they are prohibited by law from showing you any of the statements or evidence. I don't know off the top of my head if yours is among them, but they certain sure aren't required to show it to you.

 

[commentator]

Any week that you do not work and are not paid, particularly through no fault of your own, you have the right to file for and may be approved for unemployment insurance. The company could actually put you on indefinite suspension and never tell you you are terminated or never give you a reason. So you file at once for unemployment insurance and they either put you back to work, or make official your termination. They can't just leaving you hanging out there

 

[cbg]

They can't just leaving you hanging out there

Well, technically, they can...

But I do agree that the OP should file for unemployment.

 

[commentator]

Yes, well, right, technically, they can. But as far as what your actions should be, don't let them. Don't wait around passively more than a week to be filing that unemployment claim. When you file, and they are notified, it will usually force them to go one way or another, instead of just leaving you hanging out there without any income, waiting to figure out you don't have a job any more. Or letting them call you back after stringing you along without any income for two or three weeks as "punishment." Filing an unemployment claim under these circumstances will take that option of punishment away from them, since your claim if approved will cost them money.

 

[adjusterjack]

I am currently on unpaid suspension pending the results of an investigation.

No work + no pay = termination, or at least a layoff.

File for unemployment ASAP.

You've already lost a week of benefits by letting them string you along.

 

[Shadowbunny]

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

... The problem is that they have not even attempted to get a statement from anyone. The only statement they have on file is my own. They haven’t even mentioned statements to anyone on my crew. Nor have they reviewed video.

How do you know what they have or haven't done? I hope you're not talking to your crew about the situation; that will not end well for you if they feel you're trying to interfere with the investigation.