Does my employer have to retroactively pay me for leave?

I was placed on unpaid leave during an investigation. I don’t believe I will be terminated. If I retain my job, do they have to pay me for that time?

Asked on April 4, 2018 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Whether or not you have to be paid depends on if you have an employment contract or union agreemnt that provides for this. Otherwise, you are an "at will" worker which means that you can be disciplined (up to and including termination) without pay, for any reason or no reason at all. Basically, a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination.


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