How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116817
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

how long can an employer suspend you without pay

This answer was rated:

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.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 6 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 6 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 6 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.
Law Educator, Esq. and 3 other Employment Law Specialists are ready to help you