How long can an employer suspend an employee without pay in Pa?

A text message was sent to the employee
stating that he was suspended until
further notice. The employee waited for
5 days and the employer didn’t contact
him. So the employee filed for
unemployment and his claim was accepted
and now the employer wants to contest
it.

Asked on December 19, 2018 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 1 year ago | Contributor

A worker can be suspended for whatever time that their employer deems appropriate. That is unless there exists a union agreement or employment contract to the contrary. Otherwise, a company can set the terms of work much as it sees fit (absent some form of legally actionable discrimination). That having been said, typically if a suspension goes on for an unreasonable amount of time, the worker is entitled to file for unemployment compensation under the the legal theory of "constructive discharge". Whether or not your employer can successfully contest your claim is up to the unemployment office which will consider all of the facts of your situtation.

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

Answered 1 year ago | Contributor

A worker can be suspended for whatever time that their employer deems appropriate. That is unless there exists a union agreement or employment contract to the contrary. Otherwise, a company can set the terms of work much as it sees fit (absent some form of legally actionable discrimination). That having been said, typically if a suspension goes on for an unreasonable amount of time, the worker is entitled to file for unemployment compensation under the the legal theory of "constructive discharge". Whether or not your employer can successfully contest your claim is up to the unemployment office which will consider all of the facts of your situtation.


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