Maximum time an employee can get from a work suspension.

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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

Answers:

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

Answered 4 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.


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