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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19180
Experience:  Employment/Labor Law Litigation
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How long can your employer leave you on unpaid suspension while

Resolved Question:

How long can your employer leave you on unpaid suspension while under investigation as an excuse? meanwhile there is no income coming into the house
Submitted: 7 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 years ago.
This is really going to depend on the nature of your employment. If you do not have a contract of employment that states that you can only be terminated or suspended for cause, then you are an at will employee. That means that you can technically be terminated or suspended for no reason at all.

That also means that without some guidelines within the company (handbooks, policies) to restrict them, there is no amount of time. They can keep you suspended indefinitely and they can terminated without reason or cause.

Now, if you have the suggestion of discrimination based on race, religion, gender, age, disability or FMLA use, you should report that to your employer's HR. If nothing is done, then report it to the EEOC and have an investigation done.

If you are "at will" then you have two choices. Wait out this suspension or file for unemployment to make the employer make a choice. Put lack of work as your reason for filing and the employer will be forced to move forward with either a termination or your return.
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