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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was told over the phone I suspended pending further investigation.

Customer Question

I was told over the phone I suspended pending further investigation. That was on 6/23/13 and to date I've heard nothing. How long can they do this for without telling me something?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to answer your question. I am very sorry to hear that you were suspended and are not being told when you can expect to come back.

Unforutnately, there are no laws which regulate how long an employee may be suspended or what their employer must communicate during the suspension. In theory, employers are free to "suspend" employees indefinitiely and never provide an official termination notice.

While your employer doesn't need to provide you with a formal termination notice if they aren't going to bring you back, the fortunate thing is that you also don't need a formal termination notice to file for unemployment benefits. All you need to demonstrate is a loss of income that is unlikely to change in the near future. An indefinite supension with no communication from your employer certainly qualifies as that.

The nice thing about filing for unemployment benefits is that your employer will be notified, and if your claim is accepted, their premiums will likely increase. So, filing for unemployment is a good way to "get the attention" of your employer and is sort of a win-win, because either you begin collecting benefits or your employer decides they don't want to take the hit on their UI premiums and they bring you back.

It's the only leverage an employee has under the circumstances and usually forces a quick decision from the employer as to whether to bring them back or permanently let them go. Really, that's the best you can hope for.

 

For information on how to file a claim for unemployment benefits with the EDD, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.

Expert:  Patrick, Esq. replied 1 year ago.

I edited my above answer to include a link to the EDD's page for initiating a UI benefits claim but I don't believe you viewed the edited version. Here is the link again for your reference: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

 

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.

Expert:  Patrick, Esq. replied 1 year ago.

Sharon,

I am doing my very best to help you, but I see that you provided a negative rating of my service. Was there something lacking in my answer? If so, I am very happy to assist you further, just let me know how.

If your dissatisfaction is with the news I have provided, please remember that I am just trying to provide you with accurate and helpful information and I do not control the law. Negative ratings significantly impair my reputation on the site and I would be tremendously grateful if you would consider revising your rating once I have addressed any remaining concerns you may have.

How can I assist you further?

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