Legal Question in Sexual Harassment in California

In the state of CA, if an employee is put on administrative leave while being investigated for harassment, if the employee resigns prior to the completing of the internal investigation, will they be paid already accrued vacation pay and will the investigation be terminated at no fault if the employee no longer works there (assuming employee was no contacted to complete investigation while still employed despite that a written statement of the incident has been filed)?

Will results be private or shared with other employers due to confidentiality?


Asked on 4/27/12, 2:11 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The 'law' does not require you be paid while on leave, nor does it require you be told anything. They can send you home on leave and never say another word to you. If and when you determine to file for unemployment, you can tell your story about being abandoned, and seek EDD benefits. At that point the company may state their position on your leave/discharge as they wish.

IF you are actually due accrued pay, you should request in writing that the company advise you of your status, and if they don't intend to bring you back, then request you be paid what is owed. If you quit, all funds are due you within 3 days.

Just because you quit or walk away does not mean the investigation is dropped. The company would be following good procedure to complete the investigation and issue a finding. Employers are free to tell the 'truth' to anyone that asks about you without risking a slander lawsuit. If you are fired for 'cause', they can say that to prospective employers checking on you.

Now, if you feel there are grounds for the company to find misconduct and terminate you, and if you are seriously willing to hire counsel to help you in this, the attorney MAY be able to negotiate a 'resignation' tor simple termination or layoff, that leaves your file 'clear' so you can say to the next employer that you quit for personal reasons, politics, etc. If serious about doing so, feel free to contact me.

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Answered on 4/30/12, 11:36 am


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