False accusation/arrest question.

[doubleL]

What is the name of your state (only U.S. law)? New York....Say you're working for a company and a serious issue came up in your department. You had nothing to do with said issue yet you end up being interrogated by Federal Agents & subsequently arrested by NYPD.

You end up spending the night and most of the next day in Central Bookings only to be released before arraignment by the DA who declined to prosecute based on all the evidence from the Federal Agents and a video taped interview with you conducted by the assistant DA earlier that morning.

The next day you call the HR department at your company and are told that you are suspended without pay until the conclusion of the investigation.

You now miss work indefinitely because of this investigation, yet you were never prosecuted. Is this legal? It's definitely not fair, but is there a case?

 

[KJHOOK13]

Investigation Concluded?

It appears that the investigation has not been concluded. Just because you were released, does not mean that charges may not be forthcoming. Your employer wants to wait until the investigation is completed obviously due to having concerns about the potential of your being involved. Yes, it is legal for your employer to do this. There is a difference between legal and fair....

 

[Beth3]

Yes, it's legal. The employer is free to conduct their own investigation and reach their own conclusions about whatever took place and take action accordingly. Insufficient evidence for the DA to charge someone with a crime that may have ocurred in the workplace does not mean that the person is innocent or didn't act in the employer's best interests. For example, I have terminated employees for theft even if there wasn't enough evidence for the DA to charge the person.

 

[eerelations]

Strange as it may seem to you, OP, it's actually perfectly legal for employers to suspend or fire employees for the specific reason that said employees have been falsely arrested.