Is it legal for an employer to place a salaried employee in Ct. on indefinate ‘Unpaid Administrative Leave?’

I am a salaried employee. My employer started conducting an investigation to determine if I violated a policy and placed me on indefinite unpaid administrative leave on March 21st. I have heard nothing since

Asked on March 25, 2016 under Employment Labor Law, Connecticut

Answers:

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

Answered 4 years ago | Contributor

In the public sector, an employee can be placed on administrative leave but typically must be paid until there is a finding of guilt. Unfortunately,the private sector generally has no such restriction. That means that an employer can be placed on unpaid administrative leave...and indefinitely. That having been said, after some weeks or months (depending on the state), this can be construed as "constructive termination" and therefore the employee may be eligble for obtaining unemployment benefits. This assumes, however, that such an action is allowed pursuant to company policy or the terms of a union agreement or employment contract. Also, the employee's treatment must not constitute some form of legal discrimination.


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