How long can a company suspend you before legal action can be taken?

I have been suspend indefinitely due to alleged company policy issue. I have been suspended for almost 1mo. I assume it is just to prevent me from collecting unemployment. How long can this carry on before I’m able to seek legal action. Either you fire someone or bring them back, no need to be abusive.

Asked on July 31, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no hard-and-fast rule, but yes--at a certain point, if you have been suspended or otherwise denied hours with no reasonable expectation of when that will end, you can be considered to be "constructively" (or effectively) terminated and collect unemployment (assuming you are otherwise eligible). You may wish to contact the labor department, division of unemployment, about claiming benefits.


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