How long can an employer suspend you before either firing you or bringing you back to work?

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How long can an employer suspend you before either firing you or bringing you back to work?

I have been suspended for 2 1/2 weeks, almost 3 weeks. I have only heard of a maximum suspension of 2 weeks. I was just wondering if they can actually suspend me for that long?

Asked on January 11, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 5 years ago | Contributor

Do you have an employment contract or union agreement that prohibits this action? Is it against company policy? Is your treatment the result of some form of actionable discrimination? If not, then your suspension is legal. In an at will employment arrangment, a company can set the terms and conditions of the workplace much as it sees fit. This includes who to suspend and for how long.
Note: If your suspension continues, it may be deemed a "constructive termination" in which case you may be eligable for unemployment benefits.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no upper limit on how long you can be suspended. At some point, if the suspension is open ended and cintinuing, you may be able to consider yourself to have been "constructively" (or effectively) terminated and leave employment while filing for unemployment benefits, but there is no hard and fast rule as to when that is; everycase is judged on its own specific facts.


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