How long can my employeer keep me suspended pending termination?
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How long can my employeer keep me suspended pending termination?
I’ve been suspended pending termination for almost 30 days without any information from my employer as to what they are going to do. How long can this go on and if there is a time limit, what are they obligated to do?
Asked on September 19, 2011 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Do you have an employment or union agreement that covers such a situation? Is there specific company policy governing this type of case? If not, then as an "at will" employee, short of actionable discrimination, your employer has a great deal of discretion in determining the terms and conditions of the workplace; this includes suspensions. The fact of the matter is that there is no rule on how long an employee may be suspended.
However, at a certain point, if you have been suspended without pay (you did not say) for a lengthy enough period, it may constitute what is known as "constructive termination" and allow you to start collecting unemployment because you have been effectively fired.
At this point you may want to contact your state's department of labor for further information.
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