QUESTION

Is my employer able to fire me after 30 day suspension if the investigation is not complete?

Asked on Jun 03rd, 2024 on Discrimination - New York
More details to this question:
I was given a 30 day suspension at work due to an allegation of abuse. This allegation came from employee A who heard it from Employee B. Employee B has previously tried to get me fired twice and I have also filed a sexual harassment complaint against him in March to which my employer only transferred him to a different building which I go to frequently. Employee A and Employee C were caught smoking weed on work property in the middle of the night when my assistant manager and I had gone to do an overnight check. When HR spoke with Employee A & C, they both told HR that Employee B had text messages from 8 months ago claiming I abused the clients. My QA department decided to transfer this to the Justice Center. My 30 day suspension is up 6/10 and I will be terminated if the investigation is not complete before this date. Employee B and Employee D are walking around my workplace saying they are getting me fired and that I was arrested for this allegation which I actually was not.
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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There is no law which requires employers to conduct investigations. However, it is good practice and makes sense to do so in order to prepare to defend whatever action the employer decides to take. Sometimes the Justice Center requests that employers conduct the initial investigation and provide its findings to the Justice Center. Cooperative employers do so but they can take whatever time they think they need to complete that investigation. This looks like a case where you need to retain legal counsel to defend you before the Justice Center. The Justice Center is no joke. They sometimes refer cases to a district attorney's office and work closely with law enforcement when they have to. Vulnerable citizens include minors, elders, and vulnerable persons with disabilities. All of those persons are very protected. If an allegation involves any of those types of persons then you will definitely want to retain legal counsel. Protected persons do not even have to testify at those hearings. The investigator can testify on behalf of the person they interviewed and they can introduce business records, sometimes medical records, and even police reports to support findings. Remember that these cases, unless they are accepted by the district attorney's office, are not criminal. But that does not mean that they are very, very serious. The burden of proof is much lower than for a criminal case so if the evidence is strong against an employee they could, depending on the severity of the allegation, be placed on an exclusion list after a certain number of points and be unable to work in the industry dealing with vulnerable persons. You need to retain defense counsel to examine all of the allegations, all of the evidence, and decide your best course of action. You may be waiting a very, very long time for resolution. Seek legal counsel now! This is not legal advice and there is no lawyer client relationship. These are just suggestions from a lawyer who has appeared before the Justice Center which is serious business.
Answered on Jun 04th, 2024 at 6:16 AM

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