Have Been Placed On Paid Leave After File A Personal Complaint!!

[seekjustice]

What is the name of your state (only U.S. law)? California

I have questions for my recent Paid Leave.

First, I was offered a personal leave from last Friday (Nov 1, 2013) and the Chief Credit Officer suggested me to do so regarding the matter I recently file a personal complaint and he even suggested me to pack my personal stuffs if I want to. So, I took his offer and during the discussion, he had the head of the human resource as a witness. So, it definitely made me feel this personal leave was proper to do so. Then, I packed my personal stuffs and even voluntarily return the drawer key to my supervisor. And then I left. However, after I got home, I felt weird as I didn’t receive any written notice or even asked me to sign anything. So, I returned the email to Chief Credit Officer as I need a written notice for this Paid Rest. Then, on Sunday, I emailed again to both Chief Credit Officer and Human Resource as I will continue to work on the Monday (Nov 4, 2013) unless the Chief Credit Officer insisted me to take the Paid Rest and receive a written letter from him.

On the Monday, November 4 of 2013, I returned to the bank and even brought my personal stuffs with the box. However, after I asked the key back from my supervisor and was ready to turn on my computer, Head of Human Resource came to me and asked me to go to the small conference room for discussing my current situation. She told me I was already been placed on Paid Leave (now a new term to me) and I asked how come I didn’t have any written notice. So, I came back to work. Then, she asked me from now on, I was not allowed to turn on the computer and waited for the Chief Officer to talk to us through the phone conference as he was at the other branch (The bank only have two branches). Then, during the phone discussion, the Chief Officer clarified me again as this is a Paid Leave and then I asked whether it is voluntary or involuntary. He responded me as this Paid Leave was ordered by the board and it was not optional for me. So, I requested him to put this Paid Leave in black and white letter clearly stated this matter and he promised me to email me one by the end of the day. So, I walked to my desk to pick up my box and I have been asked to return the drawer key at this time initiated by them. Then, I left. I went to my car and decided to drive to the Park branch of the Bank. After I walked in and went to the Chief Officer’s desk, I saw he was on the phone and I stepped aside until he finished his phone call. But, he put down his phone and came to me as he again promised me I will get a written letter and waited for his call as he is going to the Industry branch later. So, I walked back to my car and the Chief Officer showed up to me and told me I was not patient and my behavior indicated not trust on him. I explained to him as I wanted to get the written letter as a proof for these two-week’s Paid Leave as this is a serious stuff to me and I even asked whether everything must be in written format. And he responded generally yes. In this case, he is the bank’s Vice President and Chief Credit Officer of the Loan department and when he stated this matter of the two weeks Paid Leave, his words is a commitment, especially with Head of Human Resource as a witness in the discussion from last Friday (the discussion was finished around 6:40 pm. on Friday). So, again, the Chief Credit Officer promised me that I will get a written letter for these two weeks Paid Leave and he will have it ready and emailed it to me by the end of the day (Monday). Then, I asked when and also preparing the letter won't take much time. But, he again promised me I will get it by the end of the day, that could be 3pm, 5pm or later. Then, I left and drove the car back to home. So, I went home and later decided to go back Industry branch in order to get the written letter for the Paid Leave. Also, in case the Chief Credit Officer intentionally didn’t prepare the written letter for my Paid Leave or even refused to do so, I printed out all the evaluations review and the personal complaint and brought them together to the Industry branch so that I can show my complaint to the third party Auditors to assist me for my situation if necessary as the Auditors will stay around two weeks for the loan review. So, around 3pm, I walked into the Industry branch and directly to the Chief Credit Officer’s office. When I walked in, the Chief Credit Officer was surprised I showed up again and asked why I was there. So, he asked me to close the door and blamed me by kept showing up would cause harassment to other employees. And I responded, is it? And he said yes and he explained my showing up and gone would cause rumor beyond the colleagues and the matter of my personal complaint was confidential to other colleagues. So, he warned me no more to show up and told me whether I wanted other colleagues found out my matter what’s going on. So, I understood and insisted to wait outside of the bank for the written letter to indicate the two-week’s Paid Leave. And he told me to stay out of the bank’s premise and I agreed and waited on the public parking next to the bank. Around 5:30 pm, the Chief Credit Officer walked out from the bank and handed me the written letter for the two-week’s Paid Leave.

1) Since this Paid Leave is ordered by the Board (mentioned in the Monday’s phone discussion) when I discussed with Chief Credit Officer again on Monday for clarifying our discussion on last Friday and told me that this Paid Leave is not optional for me, why Chief Credit Officer not provide this Paid Leave letter on last Friday instead on the following Monday (the beginning day of the Paid Leave period)?

2) Also, this Paid Leave was ordered by the Board and the requirement of the Bank, why Chief Credit Officer did not initiate to provide this written letter to me on last Friday until I request one and then he started to prepare one on the Monday instead of the last Friday, the last working day before the Paid Leave period start?

3) Any illegal procedure executed by both Chief Credit Officer and the head of Human Resource?

4) Also, I will consider this is a deceived intention and conspiracy as they used the witness to prove what they told me on last Friday while I didn’t have one to prove what I had been told. In addition, if this was originally offered as a Personal Leave and I didn’t receive any written notice and only suggested the Personal Leave because they didn’t want me to have solid evidence for this event and otherwise the Personal Leave is not appropriated to use in this case as the Personal Leave must be initiated by the employee, whom is me. Therefore, without submitting any written request for Personal Leave might lead me to break the rule without prior notice to my supervisor as the bank will think me as absence without proper notice and eventually treat the employee as voluntary terminated. So, is it anyway to prove that I was originally suggested by Chief Credit Officer to have a personal leave based on the above condition I had on last Friday and then the following Monday?

Thank you guys for any good advice,
Seekjustice.

 

[justalayman]

I really have no clue what you are looking for. You are on leave, apparently paid. Your employer can do that any time they wish to do so. They are not required to provide it to you in writing.


If it was defined as 2 weeks, you go back to work at the end of the time. If it states anything else, speak with your employer for clarification. I would suggest doing it via a phone call.

 

[OHRoadwarrior]

Ditto, there is not law saying they cannot give you paid leave over termination. Nor is there a law whereby they must do so in writing. Your recourse is to file for UI if you were not paid.

 

[Sockeye]

Wow.
Okay SJ, you need to step back and use that paid time off to clear your head. From what I can see there is nothing illegal or even ethically questionable with your employers actions. I can tell you what I see, they are paying you for your leave, which is not legally required and actually generous.

Secondly, your expectations of what is legally required and expected is way, way off. At this point you have become a huge distraction from the business mission/purpose. I've been in situations similar to this and the company goal at this point is to terminate your employment as neatly as possible.

 

[seekjustice]

Wow.
Okay SJ, you need to step back and use that paid time off to clear your head. From what I can see there is nothing illegal or even ethically questionable with your employers actions. I can tell you what I see, they are paying you for your leave, which is not legally required and actually generous.

Secondly, your expectations of what is legally required and expected is way, way off. At this point you have become a huge distraction from the business mission/purpose. I've been in situations similar to this and the company goal at this point is to terminate your employment as neatly as possible.

Actually, the #4 had indicated what happened? Because the Friday's discussion he did mention suggesting to take a personal leave. However, from my bank's personal manual, personal leave had to be requested by the employee and I didn't run that procedure on the Friday. So, if I didn't come to work, they can make this as absence without prior notice and eventually treat the employee as Voluntary Termination. That's why I came up with the thought they were trying to use this trick to kill over all my personal complaints in which one complaint I asked for a high amount of the compensation. They were not generous because if I didn't come to request this written letter for the paid leave and I probably became Voluntary Terminated!!

And my personal complaint was these few years' unfair treatments on me, including transferring both Administrator's duties and responsibilities to me but not promoting me as Administrator. And that 's my bad as I didn't keep the agreement before I transfer to Loan department from IT department. And plus other unfair events to me. Therefore, I bravely filed the complaint to the President and then the Chairman...

Thanks. ^^

 

[seekjustice]

I really have no clue what you are looking for. You are on leave, apparently paid. Your employer can do that any time they wish to do so. They are not required to provide it to you in writing.


If it was defined as 2 weeks, you go back to work at the end of the time. If it states anything else, speak with your employer for clarification. I would suggest doing it via a phone call.

Actually the written letter had indicated there is no guaranty whether I will come back to work or not. And until the time to resolve my personal complaint, I will be remained on paid leave.
Also, these two weeks we had audit review and this is one of the major reasons to make me stay away the bank. Otherwise, they were afraid of me to say something to the auditor for my unfair treatment within these few years!!

Thanks.
Seejustice

 

[seekjustice]

Ditto, there is not law saying they cannot give you paid leave over termination. Nor is there a law whereby they must do so in writing. Your recourse is to file for UI if you were not paid.

Hi, thanks for reply. I am not terminated or laid off yet as they had placed me on paid leave until my personal complaint to be resolved. and no guaranty for the time frame for the resolution and whether come back to work or not.

Thanks.
Seekjustice

 

[cbg]

Based on what you have posted, your employer has done nothing illegal.

 

[seekjustice]

Based on what you have posted, your employer has done nothing illegal.

Let me make it clear for the whole event happened:

On last Friday->
1) Chief Credit Officer, Head of Human Resource as a witness, and me to discuss my personal leave
2) Chief Credit Officer suggested me to take two weeks personal leave and even suggested to take my personal stuffs if I want
3) No written notice or letter given to me or required me to submit the written documents for my supervisor to sign (based on the bank's policy, the written request is required)
4) I voluntarily return the drawer key to my supervisor

Then, Monday->
1) I came to work but stopped to touch anything and not allowed to turn on the computer
2) During the phone discussion with the Chief Credit Officer with Head of Human Resource again as a listener witness, the Officer indicated this is Paid Leave
3) I asked whether it is voluntary or involuntary, he responded this is not my optional and was ordered by the Board
4) I requested a written letter to indicate this Paid Leave
5) I had been asked to return the drawer key as I asked it back from the morning when I stepped in.
6) I left the bank
7) I came to the bank around 3:00 pm and asked to stay out of the bank's premises.
8) Around 5:30 pm, I got this written letter and handed out by the Chief Credit Officer from the parking where I had been asked to stay out of bank's premises.

May you see the difference the personal leave and the paid leave? Personal Leave can be optional but the paid leave here indicated is not my optional.
Personal Leave required supervisor's approval and signature, but this Paid Leave was ordered by the bank and not required my supervisor's signature and approval.

Even it seemed there is no illegal action involved, but it can a deceived intention to lead out the voluntary termination between Friday's Personal Leave without any written notice and Monday's not come to work. But, I did come to work and request the written letter for Non-optional Paid Leave.

Please help me to clarify this kind of situation.
Thanks.
Seekjustice

 

[cbg]

Let me clarify the law involved:

Nothing you have said changes anything I've said, either here or on the other forum where you are posting about this. Your employer has done nothing illegal. EVEN IF they have violated their own policy, they have not violated the law. Unless you have left out something major, there is no legal recourse you can take, EVEN IF you are not returned to work.

That answer is not going to change no matter how many times you repeat the same story. It is LEGAL for your employer to require that you take leave. It doesn't matter what they call it.

 

[seekjustice]

Let me clarify the law involved:

Nothing you have said changes anything I've said, either here or on the other forum where you are posting about this. Your employer has done nothing illegal. EVEN IF they have violated their own policy, they have not violated the law. Unless you have left out something major, there is no legal recourse you can take, EVEN IF you are not returned to work.

That answer is not going to change no matter how many times you repeat the same story. It is LEGAL for your employer to require that you take leave. It doesn't matter what they call it.

I forgot to mention I was filing a personal complaint against a very high level executive officer from the bank.
That's why I thought they tried to use the trick by making me to believe the Personal Leave acceptable by talking to me with both Chief Credit Officer and Head of Human Resource in Friday's discussion and if I really didn't come to work on the Monday, I would be probably charged as Voluntary Termination based on the bank's policy without submitting any written request and my supervisor's approval and signature. And then all my personal complaints and the high amount of compensation that I requested will be all gone.

If I still filing complaint and the bank terminated or laid me off, I surly will have reason to sue the bank back as I didn't do anything wrong instead requesting the bank's help to seek justice for these few years' unfair treatment on me as I indicated all these unfair treatments were caused by another high level officer. And you can see the bank is avoiding this condition.

Actually, I am asking is there anyway using the law rules to judge whether this bank had this kind of deceiving intention to be punished even I already saved myself from becoming a Voluntary Terminated.

Thanks,
Seekjustice

 

[cbg]

Okay. Answer this.

What was the nature of your complaint against the high level officer?

Unless your complaint was regarding an issue that the law says you have a protected right to complain about, you have nothing.

So. What was your complaint?

 

[Proserpina]

I forgot to mention I was filing a personal complaint again a very high level executive officer from the bank.
That's why I thought they tried to use the trick by making me to believe the Personal Leave acceptable by talking to me with both Chief Credit Officer and Head of Human Resource in Friday's discussion and if I really didn't come to work on the Monday, I would be probably charged as Voluntary Termination based on the bank's policy without submitting any written request and my supervisor's approval and signature. And then all my personal complaints and the high amount of compensation that I requested will be all gone.

If I still filing complaint and the bank terminated or laid me off, I surly had reason to sue the bank back as I didn't do anything wrong instead requesting the bank's help to seek justice for these few years' unfair treatment on me as I indicated all these unfair treatments were caused by another high level officer. And I indicated on #4 as this could be a deceived intention and conspiracy for my situation.

Thanks,
Seekjustice

Whoa there. With regards to the bolded - what on earth made you think that you could "demand" compensation?!

There is no conspiracy here. There is nothing illegal here. The only thing I DO see is an employee who is not happy and is virtually begging to be fired.

 

[seekjustice]

Whoa there. With regards to the bolded - what on earth made you think that you could "demand" compensation?!

There is no conspiracy here. There is nothing illegal here. The only thing I DO see is an employee who is not happy and is virtually begging to be fired.

Sorry about the compensation detail here I didn't indicate at here but it's related job duties and responsibilities from old job position and had been treated unfairly.

 

[justalayman]

it almost sounds like the OP is attempting to extort money from the employer.

And then all my personal complaints and the high amount of compensation that I requested will be all gone.