What can I do if I was suspended without pay 4 weeks ago for an article being posted about me?

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What can I do if I was suspended without pay 4 weeks ago for an article being posted about me?

I was suspended 4 weeks ago for an article about an accusation being made about me, I was asked to fill out a background check that would only take 2-3 business days. I know that the background check came back clear but I am still being told that I have to wait a week after week while the company investigates. I have been without pay and no answer from the company I work for. Is there anything I could do about this? I never received any sort of write-up or paperwork for the suspension and I’m still being told, to wait.

Asked on March 17, 2017 under Employment Labor Law, Virginia

Answers:

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

Answered 4 years ago | Contributor

Does this suspension violate the terms of a union agreement or employment contract? Does it in some way constititute a form of legally actionable discrimination? If not, then you have no claim here. The fact is that in an "at will" work relationship, a company can set the conditions of employment much as it sees fit. This includes why and for how long to suspend an employee. For your part, if you cannot get any answers back from your employer regarding this and your being off work continues, then you may qualify for unemployment compensation since an indefinite suspension may constitute "constructive termination". You can check with your state's department of labor.


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