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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114712
Experience:  20+ Years of Employment Law Experience
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how long can an employer suspend you without pay

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how long can an employer suspend you without pay?
Absent any written contract to the contrary you are an at will employee and the employer can suspend you for as long as they want without pay. However, if the suspension lasts for over 5 days you have the right to file for unemployment and allege "constructive discharge" and then the employer would be forced to go to unemployment and prove that you committed some misconduct that warrants suspension or termination and if they fail to do so then you would be entitled to unemployment benefits for the constructive discharge.


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Customer: replied 5 years ago.

I have been suspended for about two weeks. I was supposed to be notified by my employer if I could go back to work one week ago. They have not returned any of my calls or emails. What do I do in a situation like this? I have an opportunity to begin a new job and I do not want to go back to my old job. Am I allowed to start a new job?

At this point you should take the new job and send your employer notice that you consider their inaction and refusal to contact you to be a constructive discharge. Send them the letter both certified and regular mail and keep a copy of it. You do this in case for some reason the new job doesn't work and you need to file unemployment then you have some proof that you did not voluntarily resign.
Customer: replied 5 years ago.

What do I do about my accrued paid time off as well as sick days? Am I still entitled to those?

No, under FL law, upon termination the employee is not entitled to accrued vacation time (sick time is never payable to the employee on termination).
Customer: replied 5 years ago.
Would it be more beneficial for me to resign in order for me to receive my accrued paid time off?
No, the FL law does not provide that they have to pay you for the accrued time no matter how your employment ends with them unless they have a written policy saying they will pay it. However, if they do have a policy saying they will pay it if you resign, then you lose your right to later claim unemployment based on that job if something happens with your new job and you do not have the new job long enough to acquire unemployment benefits under the new employer.
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