If your employee suspends you without pay, how long should you wait before filing for unemployment compensation when you are not sure they will call you back to work pending an investigation on an accusation

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If your employee suspends you without pay, how long should you wait before filing for unemployment compensation when you are not sure they will call you back to work pending an investigation on an accusation

An accusation made by another person,found not to be true Then stating the use of company computer. The investigation has been on going for three months.

Asked on March 5, 2016 under Employment Labor Law, Tennessee

Answers:

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

Answered 5 years ago | Contributor

As a general rule, a worker is eligible for unemployment benefits if they are separated from employment due to no fault of their own. Accordingly, if they lose their job or get suspended for any reason other than for a layoff, they may not be eligile for unemployment benefits. Their case will need to be reviewed as to their their eligibility. In other words, an employee may be eligible for unemployment compensation during a suspension depending on why they were suspended (they must also meet the requirements for wages earned while employed and length of time worked to qualify for benefits). So if the suspension was the employee's fault (i.e. resulted from misconduct and/or a violation of a company policy), the department of unemployment will most likely deny them benefits.


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