Unpaid Administrative Leave HELP

[Employee120375]

IL- I was placed on Unpaid Admin Leave a week ago due to allegations , these allegations were brought to by clients of a methadone clinic. Jealous drug addicts. A few of the RUMORS have been proven on the spot to be untrue. They are still saying there are investigating. What are my rights? Do I have the right to know who they are? Can they terminate over rumors that are untrue? Can I take them to court? They are creating a circus out of this non sense and my reputation is now being slandered. This is multi national corp, not to mention I have put up with sexual harrassment from my boss since he started. I have worked for them for 5 years and I am enraged right now. What are my options and rights.

 

[Antigone*]

IL- I was placed on Unpaid Admin Leave a week ago due to allegations , these allegations were brought to by clients of a methadone clinic. Jealous drug addicts. A few of the RUMORS have been proven on the spot to be untrue. They are still saying there are investigating. What are my rights? Do I have the right to know who they are? Can they terminate over rumors that are untrue? Can I take them to court? They are creating a circus out of this non sense and my reputation is now being slandered. This is multi national corp, not to mention I have put up with sexual harrassment from my boss since he started. I have worked for them for 5 years and I am enraged right now. What are my options and rights.

You have the right to wait until they make their determination. You also have the right to look for a new job. It might be best for you especially since you are truly not happy and feeling harrassed.

 

[Employee120375]

I understand those, I happen to love what I do, not really who I do it for. I had planned on retiring with this company.
Do I have the right to know who is saying what ??

 

[cbg]

What are my rights? You have the right to cooperate fully with the investigation, knowing that doing so is the best chance you have of retaining your job.

Do I have the right to know who they are? No.

Can they terminate over rumors that are untrue? Yes.

Can I take them to court? Which "them"? If your employer, no; they can terminate over suspicion of wrongdoing, even if they are mistaken and even if you can prove it. You *might* be able to sue the individuals who started the rumor if you can prove who you are (and no, you do not have a right under the law to be told who they are).

 

[Employee120375]

Can I file for unemployment while on admin no pay leave?? Lets say this goes another week....and I decide screw it and resign, can I then take vacation time for the I have been off? I am a single mother and this is killing me not being paid, I need to look out for my family.

Of if they do terminate, what is my chance of getting unemployment?

 

[Beth3]

Do I have the right to know who is saying what ??

No - and it's a good idea that you aren't told, as frustrating as that is. If you don't know who is making the accusations, then you can't be accused of retaliating against them for doing so. If the allegations have been purposefully fabricated, then those involved certainly won't have any problem with making up further allegations that you attempted to harass or intimidate them. In this instance, ignorance protects you.

What you have the right to do at the moment is be patient and wait for your employer to finish the investigation. Hopefully it will be found that the accusations are without merit. If contacted by your employer to address any of these issues, be professional and fully cooperative. That will go a long way towards enhancing your credibility in this situation. Good luck.

 

[cbg]

You can file for UI during an unpaid loa, but I can't guarantee that you'll get it. Commentator will be able to give you a better assessment of your chances; also of your chances of getting UI if you are terminated.

IL law requires that any earned but unused vacation be paid out at termination. However, there is no law you can invoke that will require your employer to transform your LOA into vacation time. He may, if he chooses, allow you to take vacation time for this period but you have no legal leverage to force him.

If he refuses, at least you will be able to take the earned but unused time with you when you leave - something that would not be true in many states.

 

[Employee120375]

Does state law over write company polity? I believe our company policy is that you can not take your unused vacation time if you are terminated. My vacation is three weeks which i just received in Jan and have used very little so if state policy over rides that then I have some room to wait.

When they put me on unpaid leave i was told I could not use my PTO for the the leave. not sure if that makes a difference

 

[Beth3]

Does state law over write company polity?

Yes. But no States' laws allow you to schedule your vacation whenever you want - vacation time is ALWAYS granted at the behest of the employer. Some States require that accrued but unused vacation be paid out upon separation but that has nothing to do with your situation.

 

[swalsh411]

If you are terminated due to these allegations but your employer does not have some pretty good evidence that they are true then you are not likely to be disqualified for uenmployment on the basis of misconduct. You should file for unemployment immediately.

IL requies payment of vacation upon termination unless there is a CBA (not just a policy) which states that it is not paid. (820 ILCS 115/5)

 

[Employee120375]

File for unemployment now immediately? Or if they terminate? What is CBA?

 

[cbg]

When they put me on unpaid leave i was told I could not use my PTO for the the leave

Then you can't. But that does not change the fact that if you leave their employ, whether at your behest or theirs, they must pay out any earned but unused portion. There is a difference between using it while on leave, and receiving it WHEN your employment terminates (either voluntary or involuntarty).

If they do not pay out whatever portion is earned but unused (it is very unlikely that this will constitute the entire year's allotment as few employers grant all the time in a block, even in states where they do NOT have to pay it out) you can file a claim for it with the state DOL.

 

[cbg]

You can file for UI now. Again, I'm not making any guarantees but if you do apply, you may get it and you may not. If you don't apply, you definitely won't.

CBA - collective bargaining agreement. If you are not in a union, then the CBA exception does not apply.

 

[Employee120375]

On the UI online filing under reason for filing there is not an option for unpaid admin leave? What do i put?

And no we are not union

 

[Beth3]

On the UI online filing under reason for filing there is not an option for unpaid admin leave? What do i put?

What are your options?

As I recall, the "check the box" choices on the UI form are pretty limited. I imagine that "layoff" is the closest thing to your situation.