Maximum time an employee can get from a work suspension.

UPDATED: Sep 30, 2022

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Maximum time an employee can get from a work suspension.

days, I was informed by phone that I week later, as suspended.
Nearly a week later I got to defend myself in a meeting in HR. It
has been 19 days now and cant seem to get an answer from HR or
anyone when I can resume work again….??? Very frustrated.

Asked on October 29, 2016 under Employment Labor Law, California


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

Answered 6 years ago | Contributor

There is no maximum amount of time for a suspension as a general rule. That is absent a union agreement or employment contract to the contrary. Otherwise, unless some form of legally actionable discrimination or retaliation is a factor in the employee's treatment, they may be susopended indefinitely. That having ben said, if the susension lasts long enought, the worker may be able to make a claim for "constructive termination" and be eligible to collect unemployment benefits.

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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