Legal Question in Employment Law in California
suspension for misconduct (no explaination given)
recently i was put on suspension from my regular duties for misconduct with the company i work for.
when i asked what the misconduct was that was being alleged i was told that it was being investigated
by supervisory personell and that it was refered to managment by supervisory personell not by my peers.
Q.
where do i stand on this issue?
does the employer have to disclose what the nature of the misconduct is that is being alleged?
1 Answer from Attorneys
Re: suspension for misconduct (no explaination given)
Under the Cotran case, an employer must give an employee an opportunity to respond to allegations and provide any witnesses or documents that may be dispositive. Failure to do so would preclude the employer from raising the investigation results as a defense to a claim of wrongful discharge.
In the eent there is an adverse employment, you may want to request an opportunity to respond to the charges.
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