I showed up at my shift which starts at 9 p.m. I was told by the supervisor someone wants to meet me in the conference room at which time I enter only to be met and greeted by the senior HR person. The senior HR person proceeded to tell me at this point I am being suspended wit pay pending investigations, I asked her on what grounds am I being suspended, she replied I'm not going to tell you that, but we will let you know at the end of the investigation what are our findings, then all the questions you have, you can ask then that's it the end
Yes this is pretty standard. Your employment in California is presumed to be "at will" meaning absent an exception your employer can fire you at anytime for any reason. There are exceptions, your employer can not fire you on account of your race, religion, gender etc., . My point is your lucky you are on paid leave, most employers simply fire an employee they no longer want.
If you are a member of a union contact your rep as soon as possible. It would also be worth your while to speak to an employment lawyer. The good ones will give you a free consult. No one can give you thorough legal advice online.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
It is generally permitted for your employer to suspend you from work with pay for a reasonable period of time while they investigate an allegation of misconduct or some other disciplinary issue. However there are some restrictions on when and how an employer can suspend you and what they should do while you are suspended. If you are not employed pursuant to a contract or covered by collective bargaining agreement represented by a union, you are considered in at will employee. Therefore, an employer can terminate or suspend your employment with or without notice or reason provided to you, although the employer must have its own legitimate reason for the suspension.
DISCLAIMER: Please be advised that this communication does not establish an attorney-client relationship. The information provided by WFB Legal Consulting is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.
You have no right to be told why you are being investigated, and if the employer finds some kind of wrongdoing, you are not even entitled to know why you are being terminated. Assuming you are not working for a government employer, you have no right to be heard or to tell your side of the story. Your employer has the right to suspend or terminate you for any reason or even no reason at all, and it has not duties toward you to make the process fair.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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