How long after you are suspended can you file for unemployment?
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How long after you are suspended can you file for unemployment?
I was attacked by a fellow employee and had to defend myself, so I was suspended. I did nothing wrong in that he had already hit me on the chest around my heart a couple of times. I had to stop this so I hit him and took him down and sat on him. This was self defense on my part. Is there anything I can do about this? I am 74 years old and have not been able to find employment. All I have is SS and so does my wife, and that is not enough to live on.
Asked on October 3, 2011 under Employment Labor Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do you have an employment contract or union agreement that covers a situation such as this? Is there a specific company policy governing this type of case? If not, then as an "at will" employee, short of actionable discrimination, your employer has a great deal of discretion in determining the terms and conditions of the workplace; and this applies to this suspensions. Further, there is no specific time limit on just how long an employee may be suspended.
That having been said, at some point if you have been suspended without pay for a long enough period, it may constitute what is known as "constructive termination" and allow you to start collecting unemployment because you have been effectively fired. However, that is only if you have not been fired for "cause". It's clear based on the facts presented whether or not your employer had cause for suspending you.
At this point you should contact your state's department of labor for further information, or contact an employment law attorney.
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