A friend of mine works for a city in NC. He had a complaint filed against him by another municipal worker. The complaint claims that he was taking indecent liberties with his son. The City put him on admin leave with pay immediately after complaint was filed. It has been several months since complaint was filed. The City notified him recently that they will no longer be able to pay him (he has not been fired, or let go). He is willing and able to go back to work. Is it legal for the City to not pay him if he has not been charged with a crime?
1 Answer from Attorneys
He is probably an "employee at will" which means he serves at the pleasure of the employer. In other words, he has no rights. They can fire him for any reason so long as it is not an illegal reason. They don't need a conviction in order to fire him. And he has no right to continued payment of leave money. He should start looking for a new job. No city manager in his right mind will let him ever come back to work with that allegation hanging over his head. Too much risk to the city. Good luck.