Legal Question in Employment Law in California
suspension of employment
a part time employee with at will contract who had been working forty hours regularly per week for two years was suspended with cause without pay for alleged sexual misconduct in september last year and at criminal trial was found acquitted by unianimous verdict.
subsequent to the verdict the employer lifted the suspension from december last year and advised the employee to return to work with previous employment status.employer refuses to expunge the record of suspension for from september to december and also
declines back pay for the same period claiming since the employee was a part time at will employee is not entitled to back pay.the employer requests the employee to sign a deal in consideration for indemnification for attorney defence costs during the criminal trial in exchange for not bringing any legal action against the employer by the employee over this case.should the employer completely expunge the suspension record with or without back pay
1 Answer from Attorneys
Re: suspension of employment
They are not required to give back pay but they can if they want. They should expunge any record of sexual misconduct to avoid possibly slanerous staments being made to future employers
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