The first thing to do is to remain calm. While on leave, you should continue to receive pay and benefits. Take the time to understand your rights and obligations while on leave.
What is Administrative Leave?
Employers sometimes place an employee on administrative leave if there is a pending investigation into their conduct or into a complaint they submitted. The leave is usually initiated by Human Resources. There may or may not be a time frame on how long your leave may last. You may ask clarifying questions to get a better understand the length and reasons for placing you on administrative leave. You can also inquire as to your employment status while on leave.
What is your employer investigating?
Being the subject of an investigation or submitting a complaint that initiates an internal investigation can be stressful and scary. Most employers conduct investigations under an umbrella of confidentiality. This is normal investigative process, and you may not get much information about the investigation or its status. Employers investigate allegations of misconduct or other legal violations all the time. They are obligated to conduct investigations fairly and may seek counsel to ensure they are doing it appropriately. In this process, the employer will determine who they interview and when. Don’t be surprised if your employer doesn’t give you information and may not acknowledge if or whether it will contact any people you may have suggested they contact.
What if I see the leave as retaliatory?
Retaliation is prohibited in the workplace, but sadly it happens all the time. If you believe being placed on leave is in retaliation for engaging in a protected activity, such as reporting illegal harassment, safety violations or fraudulent conduct, it would be wise to consult with an attorney experienced in retaliation and whistleblower law.
What should I do on leave?
Be an excellent employee and conduct yourself in compliance with the policies of the company. You should respond promptly to employer requests and cooperate with the investigation. It may be prudent for you to request a copy of your personnel file and review company policies to ensure continued compliance with them.
Here are some ways to keep in contact with your employer without escalating anything:
- Keep your contacts with your employer in writing and neutral. Sarcasm may be tempting, but hardly ever helps the situation.
- Focus on understanding the process, not inflicting blame.
- Set boundaries without emotion. “I’m happy to discuss this in a meeting. Please include HR,” or “I’d like to respond after I’ve reviewed this in writing.”
- If you’re emotional, draft → wait → edit. It may feel good to get your frustrations out on paper, but always step back and rewrite your communication at a time when you are more calm. If you do seek legal representation in the future, the tone of your communications will come into scrutiny, so always write thoughtfully, instead of emotionally.
What should I not do?
Being put on administrative leave can cause anger and outrage, especially if you perceive the leave as being unjust or retaliatory. It is not helpful to confront your employer, do anything that could create more animosity, or post your frustrations on social media. It is also a good idea to avoid talking to other employees. If there is an urge to try to access files and folders that you SHOULD NOT have access to, suppress it. You still must comply with all company policies, even if you believe you are treated unfairly.
What are my rights on leave?
You should still receive pay and benefits, but you should look at your employee handbook for the specifics on how your organization handles administrative leave. You should also be treated fairly as compared to other employees. We’re here to help you navigate your rights under Minnesota law and ensure you get the treatment you deserve. Together, we can hold employers accountable and create a fairer workplace for everyone.
Attorney Jacqueline Olson brings a valuable perspective, expert insight, and deep understanding of corporate culture in her fight for employee rights. Through her previous work in private practice and as an Assistant Commissioner with the Minnesota Department of Commerce, she gained expertise in consumer and employee rights, state and federal regulations, licensing, and more. She is eager to use this experience to benefit employees—work she is passionate about.
Forced arbitration is a powerful tool used by employers to limit employees from suing them in court. Under the Federal Arbitration Act (“FAA”), employers have wide latitude to force employees into mandatory arbitration. Arbitration is a binding process that is conducted by a private judge (arbitrator), instead of a public trial. Arbitration can have many disadvantages to employees as compared to court, including:
With the 2020 elections fast-approaching, focus has again shifted to issues surrounding the availability of health care and medical leave. Unfortunately, but perhaps not surprisingly given the current political climate, we’re hearing a lot of talk, but not seeing a lot of action, which is particularly tragic given the fact that less than 15% of workers nationwide currently have access to paid family or medical leave.