federal employee suspended before conviction

[wxman72]

What is the name of your state? Texas

We are fellow Federal employees with an individual recently charged with sexual assult on a defiant child.

He has not been tried or convicted, yet our agency suspended him without pay even though there were no earlier employement problems, management claimed that the serious charges place doubt on whether the accused could perform his work duties.

The "Accused" assualt was over 2 years ago, no employee feels threatened by the accused. Does management have a legal right to suspend without pay before a conviction?

 

[Son of Slam]

, no employee feels threatened by the accused.

That is because no children are working there.

 

[wxman72]

Exactly, no one under 21 works in our office. If there were children we could see the rationale for the suspension.

I guess the underlying point that I didn't make in the opening is that the child is a 17 year old who wants freedom from her parents. There are other children in the home, none support thier sister in this.

No one can be positive that the assult did not occur, but shouldn't a suspension from the job occur only after a conviction?

 

[stephenk]

if the sexual assault happened to a non-defiant minor, would you still be supporting your friend?

 

[mailman16]

Oh how I love the million dollar questions! If you concentrate real hard, you can almost see the OP get that glazed over look and begin drooling on the keyboard. Man I love this site

 

[enjay]

It's common practice in the federal government to put someone on either administrative leave or LWOP when that employee is charged with a serious offense, an offense that if the employee were found guilty it would tarnish the agency that condones the actions by continuing to employ that person.

Frankly, the American taxpayers would be pissed if they found that they were paying the salary for a sexual offender, therefore until the situation is resolved the agency is protecting itself by removing that employee from the workplace.

If the employee is convicted, he will likely be removed from federal service.

 

[wxman72]

Thanks enjay, that makes absolute sense.

We were thinking more along the lines of innocent until proven guilty. I guess the bottom line is if he ends up innocent, he will return to work with backpay, if guilty of course he would be terminated.

It's just sad to see his family suffer, there are three other young kids, they have put up their house for sale, and there will not be money for car payments etc.