can you recieve unemployment if you have been suspended qith out pay

i have been suspened can i recieve

Asked on September 24, 2017 under Employment Labor Law, Florida


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

Answered 3 years ago | Contributor

As a general rule, being suspended without pay constitutes being "unemployed" for purposes of eligibility for collecting unemployment benefits. However, why you were suspended is significant. Therefore, if you were suspended "for cause", tht is for doing something which could get a person fired for cause (i.e. violating rules, theft, assault on a co-workers, etc.), then just as you could not collect benefits if fired for cause, you could not collect it for being suspended for cause.
Contract you state unemployment insurance office or division, or simply try filing for unemployment. The state office determines who gets it; if they give it to you, it doesn't matter what the theory is. As long as you are not committing fraud--that is, as long as you believe in good faith that you may be entitled to UI--there is nothing wrong with getting a determination directly from the office.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.