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Employers Best Course of Action while Investigating Employee Conduct

A recent federal court case, Jones v. Se. Penn. Transp. Auth., — F.3d—, No. 14-3814 (3rd Cir. Aug. 12, 2015), has ruled that employers are permitted to place employees on leave, with pay, while investigating employee conduct.  If the employer continues to pay the employee throughout the investigation, then it is not an adverse action against the employee.

Examples of adverse actions against employees, which can often result in employment discrimination cases, include: termination, transfer, demotion, and suspension without pay.

The Court found that a paid suspension is not a refusal to hire or terminate, “by design” does not change compensation, and does not cause a “serious and tangible” alternation of employment terms, conditions, or privileges.

It is important to treat all similarly situated employees with consistency through these processes.  Employers with questions should contact an attorney.

A full copy of the decision by the Court can be found at: https://casetext.com/case/jones-v-se-pa-transp-auth.

Chad Stonebrook is an Associate Attorney at Lardiere McNair LLC.  Lardiere McNair LLC has a practice in which advises and assists both employers and employees with their employment concerns.  To read more about Chad, please visit http://www.lmcounsel.com/chads-bio.html.

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