If I was put on paid administrative leave a week ago, if quit now what are my rights to unemployment?

UPDATED: Sep 29, 2022

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If I was put on paid administrative leave a week ago, if quit now what are my rights to unemployment?

Earlier in the week a subordinate employee went to my boss and accused me of humiliating her. When my boss put me on leave she said that I was being investigated for how I talk to employees and how I administer grants I oversee. She said it was starting immediately and would be quick. It’s been a week and no word from HR. I have no idea what they think they have on me. At this point I think it’s going to be 2 employees’ word against mine. I have been looking for another position anyway so am considering just giving notice. I’ve been there 12 years. Do I have any rights or recourse? Should I give notice? Would I be able to collect unemp?

Asked on October 30, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you've only been on leave for a week or less, if you resign now, it will certainly be considered a voluntary resignation or termination of employment and you would be ineligible for unemployment compensation. After a few weeks, if you're not paid and have no resolution date for the issue, then you would likely be able to claim that you have been constructively, or effectively fired, by being placed on indefinite leave without pay; at that point (which is hard to exactly define; the law doesn't provide a bright-line rule) you should be able to receive unemployment.

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