If I was put on suspension pending investigation for being condescending and rude but don’t anticipate being asked back, will my termination date be the date of suspension or the date of notification?

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If I was put on suspension pending investigation for being condescending and rude but don’t anticipate being asked back, will my termination date be the date of suspension or the date of notification?

It has only been 3 days and still have not heard from my employer. If I’m terminated as result of the investigation, will my termination date be the date of suspension or the date of notification? If I am terminated as a result of the investigation will I be paid for the time while on suspension?

Asked on July 18, 2015 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your termination date will be the date you were terminated, not the day you were suspended.�

Your employer is not legally required to pay you for your time on suspension, whether you are terminated or exonerated; that is because unless you have a written employment contract (and *very* few of us do), you are an "employee at will," and as an employee at will, not only may you be terminated at any time, for any reason, but your employer may do anything short of or less than termination, like suspending you without pay, at will. So while they may choose to pay you, that would be their voluntary choice; the law allows the suspension to be without pay, regardless of the outcome.


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