I had a complaint filed against me. I was not in the interview because I was on medical leave. The investigator continue to investigate without me.The finding were satisfactorily resolved and the filer never file an appeal. Now that I am returning to work, HR wants to put me on Admin leave and reopen the complaint. Can they? Is there still a complaint if the filer did not appeal?
Need vast re-wording. "Complaint" as in "lawsuit" filed (X vs. You, in Superior Court or in front of Labor Relations Board or whatever...)?
What "interview"? You mean deposition?
Investigators? Insurance? I'd guess EDD, but...
Back at work? Admin leave? Huh?
Don't use legal jargon: Ask the question, but DO NOT get more specific (names, etc.). Your question makes no sense...
Whether my opinion "is" legal advice "...depends on what the meaning of the word 'is' is:" Here, "it" is not. "It" be a pithy musing, tempered by publication of "my" name.
I agree that this is confusing at best.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
It does not seem like you are referencing a complaint in a civil lawsuit. If you are referencing a purely internal investigation by your employer, then you should probably post your question in the Employment & Labor Law Q&A, and you will need to specify what happened in much greater detail.
Greg May handles civil appeals, writs, and law & motion matters throughout California in both state and federal courts. This response does not create any attorney-client relationship, and its content is offered solely for information and commentary on California state law (or, if specifically cited, federal law). This response should not be construed as nor acted upon as legal advice.
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