How long can an employee be on suspension without pay?

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How long can an employee be on suspension without pay?

Employee has worked at an Indian casino for 14 years. No discipline issues until 4 months ago – 1st suspension with no warnings due to overreaching responsibilities; 2ndsuspension, no warning, for telling a co-worker to keep the noise down. Employee has been on suspension for 2 weeks, with no call from supervisor as to the disposition of their investigation. Can the employee be kept on suspension indefinitely? I believe this is a case of constructive dismissal.

Asked on June 16, 2011 under Employment Labor Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the thing: although you are located in the state of Connecticut you are an employee of an Native American run casino.  And although Native American tribal casinos sometimes get excluded from federal laws because the casinos fall under Indian Tribal Government laws, most federal labor laws do apply to casinos run by the tribes.  So here the Fair Labor Standards Act is one set of laws that may help you.  But I would consult with an attorney in your area familiar with the issues here, and I am sure that there are some that are very familiar given the amount of Native American run casinos in your state.  Good luck. 


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