During negotiations and while working with managers on Employee Relations cases, we have had many questions regarding removing employees from the workplace during an investigation of alleged misconduct or during the timeframe between an intent to dismiss letter and a decision on the proposed discipline. This Bulletin provides guidance on determining when it is appropriate to take this step, outlines the procedures to be followed in directing employees to work at a different location, and provides a sample letter.
A department head should only remove employees from the workplace in those rare situations discussed below and only after first discussing the matter with Employee Relations and County Counsel.
What is “Assignment to Work at a Different Location”?
Assignment to work at a different location (formerly called administrative leave) is a temporary status during which management directs an employee to leave the worksite. The County continues to pay the employee’s normal salary and benefits during the duration of the assignment. In most cases, the employee is directed to remain at home during his/her normal working hours and to be available to be reached by telephone during those hours, but may instead be assigned to a different work location.
Determining whether to assign an employee to work at a different location
The most common situations when an employee is assigned to a different location are:
- While an investigation into alleged misconduct is being conducted.
- During the interval between the issuance of a Skelly “Intent to Dismiss” letter and the final decision to dismiss or not dismiss the employee.
Of course, it is not appropriate to assign an employee to a different location whenever an investigation into alleged misconduct is being conducted, or every time an Intent to Dismiss letter is issued. Placing employees on this type of assignment should be the exception rather than the rule. It may be appropriate to assign an employee to work at a different location when one or more of the following criteria are met:
- Potential liability – Is there potential liability for the County if the employee is allowed to remain in the workplace? For example, if the allegation involves inappropriate conduct toward a vulnerable client, threats or acts of violence, sexual assault, or other criminal activity, there is potential liability if the employee is allowed to remain in the workplace while the investigation is being conducted.
- Potential for sabotage or theft – Has the employee made statements or exhibited behaviors which cause concern that he/she may destroy or steal records, data, equipment, supplies, etc?
- Integrity of evidence – Does the employee have access to evidence which, if destroyed or stolen would jeopardize the investigation or disciplinary action?
- Potential for violence – Has the employee made statements or exhibited behavior which causes concern that he/she may engage in aggressive or violent acts or is making overt or veiled threats of violence or retaliation toward the organization, supervisors/managers, co-workers, or the public?
- Impact on the morale of co-workers or disruptions to the workplace – Has the employee made statements or exhibited behavior which disrupts operations, impacts the public, or adversely impacts co-workers’ ability to perform their jobs? Examples are angry outbursts, extended or loud discussions of the investigation or disciplinary matter, and disparaging statements to the public about the organization, supervisors/managers, or co-workers.
In determining whether to assign an employee to work at a different location is appropriate, you should consider, in addition to the above criteria, the following factors:
- The employee’s length of service and work history – Is there any history of dishonesty, theft, violent or aggressive behavior, or a tendency to be disruptive?
- The employee’s behavior and conduct when confronted and interviewed about the conduct leading to the investigation/intent letter – was the employee cooperative, composed and calm during the interview, or did he/she become angry, loud and defensive?
Prior to making the final determination to temporarily assign an employee to work at a different location, consult with Employee & Labor Relations and County Counsel.
Length of the assignment to work at a different location
The duration of assignment to work at a different location should be as short as possible. If the assignment is due to an investigation, the investigation should be possible within the context of a thorough investigation. If the investigation results in the issuance of an intent to dismiss letter, the assignment to a different location should be continued until a decision is made by the department head and the decision letter to dismiss (or impose lesser discipline) is issued. The time between the issuance of an intent letter and the decision of the department head should normally not exceed two weeks unless the employee requests and the department head extends the timeframe for the employee to make his/her reply to the intent letter.
Procedures for temporarily assigning employees to work at a different location
If the decision is made to assign an employee to work at a different location, you should advise the employee of that decision by issuing a letter following the attached format. After issuing the letter, you should observe the employee until he/she leaves the worksite. It is important that your observation of the employee’s departure be as discreet as possible since recent court decisions have granted monetary relief to employees who asserted that they were publicly humiliated by being escorted from their workplace in full view of co-workers.
Please contact your Employee Relations Analyst with any questions regarding this matter.
SAMPLE ASSIGNMENT TO WORK FROM HOME
Date
Name
Classification
Department
Dear Mr. Employee:
Subject: Temporary Assignment to Work at a Different Location
Effective immediately, you are temporarily assigned to work at home pending an investigation into alleged misconduct on your part. You are directed to remain at your home between the work hours of 8:00 a.m. to 5:00 p.m., Monday through Friday with a one hour meal break from noon to 1:00 p.m. during which you are at liberty to leave your residence. You are directed to be available to be reached by telephone during the hours of 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. If you are unable to be reached by telephone during those hours while on this assignment, the time that you are unavailable will be considered Absence without Leave (AWOL) and disciplinary action will be taken.
You will remain in this status until the investigation is completed at which time you will be contacted with further directions. While you are on this assignment, you will continue to receive your normal pay and benefits.
Should you wish to conduct personal business away from your home or attend a medical appointment during the period you are assigned to work at home, please call me to let me know the day and hours to code to vacation or sick leave.
You are further directed not to appear at or call the department and you are not to access the computer system while on this temporary assignment. Should you need to retrieve any personal belongings from the office, you are to call either me at (phone #) to arrange for any personal items to be sent to you.
Sincerely,
Manager
Title