Is there anything I can do ?

I am writing you about a problem that I am having with my employer. I was put on Administrative Leave yesterday, 10/6/09. The customer was verbal assaulting me and I decided to remove my self from this situation and hand the customer off to another team member, who was helping another customer at the time. My manager finally came to the floor and asked who needed help, I stated to my manager that the lady with an attitude need help, cause i couldn't help her. Now I have been put on administrative leave. I did not verbal or physical abuse the customer, I just removed myself from the situation and made the comment to my manager about the lady with an attitude. I don't feel that i should have been put on administrative leave, if anything, i should have been wrote up, maybe for the statement I had made. At this point I am on leave til 10/09/09, at which point the company will decide whether or not to keep me. I feel that this would fall under discrimination and wrongful termination at that point. Please get back to me at your earliest convenience.

1 answer  |  asked Oct 7, 2009 07:24 AM [EST]  |  applies to California

Answers (1)

Elisa Ungerman
The sad news is that you are an at will employee and as such, the Employer can fire you for no reason at all, or a "wrong" reason, or an "unfair" reason. The court's will not interfere with the "business judgment" of an ER in managing its workforce, no matter what the impact to the employee or employer. So, with that in mind, an employer can, at its discretion, put you on administrative leave, until they decide what to do about the situation.

Having said that, what an employer cannot do is engage in "an adverse employment action" for an illegal reason. For a reason to be illegal, it must relate to a person's protected status, as defined by statute, or protected conduct, as also defined by statute. Based on the facts provided here, it does not appear any protected status or conduct renders the employer's action arguably illegal. Thus, you are pretty much stuck in the situation.

posted by Elisa Ungerman  |  Oct 7, 2009 2:22 PM [EST]

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