Can I file for unemployment while I’m suspended if my employer keeps extending the suspension?

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Can I file for unemployment while I’m suspended if my employer keeps extending the suspension?

Asked on May 18, 2011 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no hard and fast or simple answer. At *some* point, an indefinite and lengthy suspension becomes "constructive termination"--that is, the employee has effectively been fired. However, exactly when that occurs has not been defined with any certainty, and depends heavily on the specific circumstances. You should contact your state labor department or office of unemployment insurance--they would be the first place to look for guidance on this subject. You could also consult with an employment attorney, though since that would likely cost you something--even if only $100 - $200 for a quick consultation and review of the situation--it probably makes sense to contact the government agencies yourself first. Good luck.


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