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Question

My sister is a general manager for a fast food restaurant. This morning she was told by her employer that he needed a manager not a custodial worker. He then told her she needed to take a week off and they would make a decision then. We discussed this and told her she needed him to state whether she was layed off or fired. When she called back for the answer, he explained she was suspended for a week and at the end of the suspension they will have a decision on what they will do with her job. We asked that she get a formal documentation from her employer stating the reason and the terms of her suspension. She has not been written up prior to this incident and has not been told that her job has not been adequate. Her sales are up from previous years and her labor is down. She has worked for the company about two years. Question: Is this legal? She can not file for unemployment and is currently making no income to help support her family. What are her rights/options?

Submitted: 335 days and 5 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Colorado Springs, Colorado

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This was my first step.

Accepted Answer

The employer can suspend her without pay as noted. If the employer seeks to thereafter keep her in limbo she should demand clarification and if not provided treat it as a termination andf file for unemployment after sending a letter to that effect.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 12/22/2008

Lawyer

Licensed attorney helping employers and employees with their legal questions

335 days and 4 hours ago.

Reply

He has not truly given her a formal reason for suspension. She asked for a formal suspension form and he explained he did not have time right now. She has to wait a week with out pay to find out if she is terminated before she can proceed? Or can she proceed now and treat it as a termination?

Posted by INFOLAWYER 335 days and 4 hours ago.

Answer

If she was told you are suspended for a week, filing now may be treated as her resignation so she should wait the week.

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