How long can you be suspended from work?
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How long can you be suspended from work?
Investigation is going on because an employee was disrespectful towards me and I told her to clock out and go home. However, they stated I couldn’t do
that.
Asked on September 8, 2016 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no law that sets timeframe for which an employee can be suspended. The fact is that in an "at will" work setting, a company can set the conditions of employment much as it sees fit or deems appropriate. This is true so long as no form of legally actionable discrimination plays a factor in their treatment. Also, this action is not allowed if it breaches the terms of an employment contract or union/collective bargaining agreement. That having been said, if this suspensions lasts indefinitely, you may be eligible to collect unemployment benefits based on "constructive termination". You can ask your state department of labor for more information on this.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can be suspended for as long as the employer likes, unless you have a written employment contract (including a union or collective bargaining agreement) to the contrary. In the absence of a written contract, you are an employee at will and may be terminated--or anything "less than" terminated, such as suspended (for any length of time)--at any time, for any reason, at the employer's sole option.
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