Is it legal for an employer to place a salaried employee in Ct. on indefinate ‘Unpaid Administrative Leave?’

UPDATED: Sep 30, 2022

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Is it legal for an employer to place a salaried employee in Ct. on indefinate ‘Unpaid Administrative Leave?’

I am a salaried employee. My employer started conducting an investigation to determine if I violated a policy and placed me on indefinite unpaid administrative leave on March 21st. I have heard nothing since

Asked on March 25, 2016 under Employment Labor Law, Connecticut


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

Answered 6 years ago | Contributor

In the public sector, an employee can be placed on administrative leave but typically must be paid until there is a finding of guilt. Unfortunately,the private sector generally has no such restriction. That means that an employer can be placed on unpaid administrative leave...and indefinitely. That having been said, after some weeks or months (depending on the state), this can be construed as "constructive termination" and therefore the employee may be eligble for obtaining unemployment benefits. This assumes, however, that such an action is allowed pursuant to company policy or the terms of a union agreement or employment contract. Also, the employee's treatment must not constitute some form of legal discrimination.

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.

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