What should we do? Should we assume he’s fired?

UPDATED: Sep 30, 2022

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What should we do? Should we assume he’s fired?

Back in December, my husband had an issue at work where he was not honest about
his time on the job. He spoke with the boss about it and thought it had been
worked out when he went back to work at the beginning of January but just
yesterday his boss sent him home and said he was still mad about it and had to
‘think things over’.
My husband reached out this morning to inquire about things but has not gotten a
should we assume he’s fired? Should he try to continue to report to work?
Can he file for unemployment if he is indeed fired?

Asked on January 17, 2017 under Employment Labor Law, New Jersey


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

Answered 6 years ago | Contributor

A company can set the terms of employment much as it sees fit in an "at will" employment relationship. This means that a worker can be terminated, suspended or otherwise disciplined for any reason or no reason at all, with or without notice. Therefore, your husband could be off work indefinitely; his employer need not contact him. That having been said, if a worker is off work long enough, it may constitute what is known as "constructive termination", which means that they may be eligible for  unemployment benefits. Of course, this assumes that the employee's lay off was not "for cause". Since your husband was dishonest regarding the hours that he actually worked, that would be considered to be "cause", therefore he probably would be deemed ineligible to collect unemployment compensation.

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 AttorneyPages.com 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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