How long can an employer keep you suspended with no pay pending an investigation?

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How long can an employer keep you suspended with no pay pending an investigation?

At time of suspension they gave me no proof of misconduct and it has been 9 days and still no word and with no pay. Can I apply for unemployment now and how long can they keep me suspended?I have worked 10 years for this company and have a lot of vacation time on the books. I am a senior citizen sitting here with no pay.

Asked on January 19, 2017 under Employment Labor Law, Arizona

Answers:

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

Answered 4 years ago | Contributor

In an "at will" employment relationship, a company can set the conditions of work much as it sees fit. This incudes when and why to suspend an employee and for how long, with or without pay. That is unless such action violates the terms of an employment contract/union agreement or constitutes some form of actionable discrimination/retaliation. That having been said, if the suspension lasts long enough, you may argue "constructive discharged" (i.e. that you were effectively terminated), which would make you eligible for unemployment benefits. At this point, you need to contact your state's department of labor for further advice.


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