Legal Question in Discrimination Law in California

Placed on paid admistrative leave

I have been employed at a City Correctional Facility for three years. Two days ago I was placed on paid amistrative leave without an expplanation. I asked several high ranking superviors why I was placed on leave at which time I was only told I would receive a letter in the mail explaing why I was placed on leave and when I would have a hearing. This does not sound right to me. As an employee don't I have the right to know why I am being placed on paid admistrative leave?


Asked on 10/31/07, 2:29 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Placed on paid admistrative leave

They are right not to want to talk to you. You will get a written notice that should contain detailed written charges.

You have the right to a "Skelly hearing" before an hearing officer at which time the city has to prove the charges. Even if the allegations stick, usually there is a requirement that there be "progressive discipline" which means you probably would not get fired for most first offenses.

You should contact your union rep or attorney right away.

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Answered on 10/31/07, 3:14 am
Terry A. Nelson Nelson & Lawless

Re: Placed on paid admistrative leave

You'll have the right to present your side, if and when you are notified of their intent to discipline or terminate you. You'll have the right to a hearing on the charges. If that happens, you'll need to immediately consult with counsel to see if there is any chance of successfully fighting the charges. Feel free to contact me if serious about doing so.

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Answered on 10/31/07, 4:00 pm


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