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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116818
Experience:  20+ Years of Employment Law Experience
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I was suspended from work with pay over a month ago. My job

Customer Question

I was suspended from work with pay over a month ago. My job has not called me back to work yet. Prior to my suspension, I was offered a superintendent position. I was given an competency test and I failed the test twice. My lead superintendent had emailed corporate asking them to give me a chance to retest. My manager along with his manager had agreed to let me work until I am able to retest. 4 months went by and we had not heard from corporate. The company changed my status in the system from general foreman to superintendent. My pay also changed. 4 months later, another takes over and they discovered that I failed the test. Long story short, they fired my lead man and his boss but they still have me on syspension.
At this point, what can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they have you out with pay, legally your options are limited. Unless there is some union contract that says otherwise, as long as the employer is paying you there is no claim you can make. Once they stop paying then you have a right to pursue unemployment benefits. However, if you failed the test there is no legal cause of action against the employer.