- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Employee Rights in a Layoff Situation
Hello everyone,
Any assistance or advice you can provide is greatly appreciated during this difficult time. My husband is employed by an electric car company that recently made the decision to lay off 10% of their employees. Yesterday, my husband was unexpectedly called into a conference room two hours before his shift ended. Present in the meeting were a third-level manager, a supervisor who was not direct supervisor, and a representative from HR. They informed my husband that a complaint had been made against him regarding inappropriate language, but refused to disclose the specifics of the complaint or the identity of the complainant.
Despite his inquiries, my husband was placed on administrative leave effective immediately by the HR representative. Security then confiscated his badge, escorted him to his car, and escorted him off the premises. He was informed that he would not be receiving pay during this time and that the company would contact him regarding their decision. It is important to note that my husband had limited interactions with others that day and denied making any inappropriate remarks.
The company indicated that the alleged incident occurred on that day. Given this situation, we are seeking guidance on whether my husband should seek legal representation. Additionally, we would appreciate advice on how he should respond to the company’s actions and whether he can use his accrued paid time off to cover the loss of income during this period.
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Any advice or recommendations you can offer would be greatly appreciated as we navigate this uncertain time. Thank you.
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This is a typical for an investigation. HR has to find all the witnesses, interview them, and then he will get a chance to speak about the claim.
This does not sound like administrative leave, but it depends on your state. Administrative leave you usually maintain benefits. Sometimes they are paid and work from home,
This, instead, sounds like a suspension. Suspension is lack of pay while the investigation commences and concludes.
He can get a lawyer, but it would be tough to take a consultation unless he knows what the claim is and what is said: he may also have arbitration in his contract. Since I don’t know your state or the company or know what this is in regards to, so can’t be of more help.
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Trust me, it’s not something he said that day. No HR office is that efficient. Ask him to think back a few days, who he talked to. What might have been misinterpreted.
Also consider that he knows exactly what it is, and won’t tell you. If you hire a lawyer, first thing he will do is try to determine if it’s defensible, ie did he really do something actionable by HR. You’d hate to spend the money to find out he did it all along. Just keeping it real.
Options depend quite a bit on what was said and how much proof there was regarding it.
HR isn’t going to tell him what was said or who said it, that’s not their place since doing so would violate privacy policies in place to protect employees from retaliation for reporting things about others in supervisory positions above them.
Regardless of what he was told during his meeting it’s unlikely this is in response to something he said today. I’ve never heard of a Human Resources department that was quite so efficient that a report in the morning of a day is handled by the afternoon of the same business day. They will, generally, take time to investigate reports to avoid opening the company to wrongful termination lawsuits.
Now on to your questions. Should he find a lawyer? It really depends on his specific situation. If he is entirely sure he hasn’t done anything untoward that could’ve been reported or violated company policies it’ll depend on how far the company goes. If they fire him then yes, you’d want an attorney that specializes in wrongful termination. Again, it depends on quite a few factors as to whether a suit is possible and what the company is alleging he did.
As to what he should say to the company it’ll depend. If he wants to keep his job it’s generally best to work with the company and answer their questions. He should at least ask what the policy they are claiming he violated was. You, and he, need to understand that Human Resources isn’t there to help him, though. It exists to protect the company and their profit margin. They aren’t going to be working for him, they are working for the company and attempting to ensure the company isn’t open to liability in any lawsuit.
Finally, no PTO will not cover admin leaves. An administrative leave is the company effectively putting you on leave because they are fairly sure you did something that violates company policy and need to be penalized or removed until they can fire you.
Just to throw this out there, it’s more than likely that your husband did say something that someone else felt was inappropriate and that the company, also, believes was inappropriate. By the time it gets to the point your husband is at a company will generally have their ducks in a row in regards to proving whatever was alleged is what actually happened. That said, it is also possible that something was fabricated and reported but, usually, that isn’t the case in these situations.
I’m an Inspector General investigator for a state agency in Florida. All I do is conduct employee misconduct investigations, to include internal affairs type of investigations against law enforcement officer.
It is not unusual for an employee to be placed on administrative leave while an investigation is condcted. Especially when it involves the employee making a comment to a coworker that can be considered offensive or hostile (or at least alleged to be so).It seems odd that your husband is not being paid while on administrative leave, but maybe that’s okay in Nevada.
While your husband is on leave, HR is conducting an investigation into h conduct concerning the allegations against him. They should be getting statements from the victim (accuser) and any witnesses. If there’s security video of the incident, HR should review that. Will your husband be called in for an interview to give his side of the story? Maybe, or maybe not. I’ve conducted investigations where there is overwhelming evidence showing that the employee committed misconduct and we did not need to interview the employee.
The first thing your husband needs to do is to go over all the company policies concerning employee conduct. This will show what rights he has during an investigation. Should your husband get a lawyer? My advice is to only get one if he is 100 percent sure that the company is violating the law or their own policies. If the company is within their rights with whatever action they may take, then an attorney can’t help you.
My advice to both you and your husband is to remain as calm as possible. The investigation may show that your husband did nothing wrong. If there are no witnesses to corroberate what the accuser is alleging, it is a type of “he said/she said” thing. In that case, most likely your husband will not face any discipline, but may be put on notice to not let it happen again. Although your mileage may vary.
You should also be aware that your husband may not be telling you 100 percent of the truth. He may be trying to protect you or be feeling a little bit of shame.
Good luck!
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That electric car company your husband works for has a long history of criminal activity and horrible behavior. They have been accused of inventing lies about employees to retaliate, avoid paying proper compensation, you name it.
Just the other day the BBC ran a story about an engineer that was accused of false crimes to discredit her from making safety related objections to a product design.
https://www.bbc.com/news/articles/cg3q95ednqwo
I would let him know if he has any information on potential misconduct to contact these two United States Senators who are investigating malfeasance at that electric car company.
https://www.repairerdrivennews.com/2024/01/02/u-s-senators-call-on-tesla-to-recall-steering-suspension-components/
Good luck!
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In the USA, you can be fired for almost any reason, even no reason, except for a few protected categories, such as race, religion, color, sex, gender, national origin, age or disability.
So, unless you can point to a protected category as a reason, your husband can be terminated with or without cause at any time.
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