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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 101603
Experience:  Years of experience in running a medium sized law firm.
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Can I get unemployment benefits if I have been put on

Customer Question

can I get unemployment benefits if I have been put on temporary unpaid leave due to an employee complaint against me which I have not yet even heard the specifics yet and which has not yet been investigated? I have not yet been able to talk to anybody regarding any details, nor do I have any idea how soon this will be resolved. I was told that an investigating lawyer will be contacting me and I have call him several times, but have yet to receive a return call. The only thing that I know is that the complaint is NOT of a criminal nature - I have no idea what to do and cannot afford to be without pay - I am a salaried employee in a management position, and can only assume that this is a totally fabricated complaint and that my employer is just playing it safe until all of the facts are gathered.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes. Unemployment benefits are allowed if one works less than full-time due to lack of work. This includes by default being temporarily on unpaid leave. So one can apply for benefits. However, one would have to show that the leave was not due to a wrongful action (i.e. cause) on your part.

One also has to clearly explain the circumstances as one best knows them when applying for unemployment.

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