How long can my employeer keep me suspended pending termination?

UPDATED: Sep 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long can my employeer keep me suspended pending termination?

I’ve been suspended pending termination for almost 30 days without any information from my employer as to what they are going to do. How long can this go on and if there is a time limit, what are they obligated to do?

Asked on September 19, 2011 under Employment Labor Law, Michigan


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

Answered 11 years ago | Contributor

Do you have an employment or union agreement that covers such a situation? Is there specific company policy governing this type of case? If not, then as an "at will" employee, short of actionable discrimination, your employer has a great deal of discretion in determining the terms and conditions of the workplace; this includes suspensions. The fact of the matter is that there is no rule on how long an employee may be suspended.

However, at a certain point, if you have been suspended without pay (you did not say) for a lengthy enough period, it may constitute what is known as "constructive termination" and allow you to start collecting unemployment because you have been effectively fired.

At this point you may want to contact your state's department of labor for further information.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption