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


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.

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.