Legal Question in Sexual Harassment in California

Question, if an employee is on administrative leave while an internal investigation is processed, while on paid leave - if the employee resigns (with a fortune 100 company) before internal investigation is completed - will they get paid their accrued vacation on file (3 weeks vac)? Will positive or negative results affect hiring on with any other company or just the current investigating firm?


Asked on 4/27/12, 1:06 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you decide to resign, the employer must pay all accrued wages, which includes earned vacation pay. They can take the position that no vacation pay continues to accrue while you are on administrative leave.

There is no way to predict what affect your quitting, while being investigated for some offense, may have on your future prospects for employment. Your ex-employer can legally state any truthful information to a prospective employer if you use them as a reference. And it will probably prevent you from qualifying for unemployment benefits.

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Answered on 4/27/12, 1:27 pm


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