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  1. #1
    Join Date
    Apr 2019
    Posts
    1

    Default How to Know if You've Been Fired After a Suspension from Work

    My question involves defamation in the state of: MA
    Hey, I stumbled across this website and I only have a few general questions here. I hope my post isn't a waste of time.
    I've been suspended from work for 10 days now. I know why......it has to do with ME TOO, Joe Biden, and a comment that I TEXTED to a co-worker.
    I was told to go home and not come back until I heard from HR. It's been 10 days now and no word from HR. All this time I have no idea if a have a job or not? How long can they not contact me?
    I can't contact them, so I'm in limbo. It's been 10 days. What if it goes on to 20 days? 30 days? What the heck am I supposed to do? I'm applying for jobs not knowing if I have a job or not?
    Isn't there some law/ruling that allows me to know what's going on?

    Dan

  2. #2
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    210

    Default Re: I'm Suspended from Work

    They do not have to contact you at all, no law states such in any Jurisdiction. Contact them if you wish to check, but I would assume myself you have been terminated.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,043

    Default Re: I'm Suspended from Work

    Well, that's not QUITE true in MA. It's true in one sense; there isn't any law that requires the employer to keep the employer updated on the investigation or tell them what is going on.

    However, MA does have laws that require an employer to provide information as to how to apply for unemployment (regardless of the reason they are leaving employment) and which requires final pay, including any earned but unused vacation pay, on the last day of work IF the employee is termed. This OP's employer is, if I recall correctly, still within the statutory time to send out the unemployment information even if he was fired on the first day of suspension, but if he's been fired he should have received his final pay and vacation time.

    My suggestion to the OP would be to contact HR, ask for a status, and if he does not get a satisfactory answer, to go ahead and apply for unemployment. There's a one week waiting period and he's not going to get paid for any time prior to his application, so the sooner he applies the sooner he'll get benefits (assuming he's approved). And the notice that he's applied may light a fire under the employer to wind things up.

  4. #4
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    210

    Default Re: I'm Suspended from Work

    If they voluntarily quit, does the EX employer have to furnish Unemployment info by law? I'm aware of certain time limits for last check's though.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,043

    Default Re: I'm Suspended from Work

    Quote Quoting Danno99
    View Post

    I can't contact them, so I'm in limbo. It's been 10 days. What if it goes on to 20 days? 30 days? What the heck am I supposed to do? I'm applying for jobs not knowing if I have a job or not?
    If you haven't been paid during the suspension period then you might as well consider yourself fired and file for unemployment. It's simple arithmetic. No work + no pay = unemployed. Suspension without pay is a scam perpetrated by employers to delay unwary employees from filing for unemployment.

    Benefits are not retroactive so you'll have to start the waiting period anew so you've already lost what should have been the waiting period and a week's benefits.

    If, by some chance, you get reinstated you can withdraw the unemployment claim.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,143

    Default Re: I'm Suspended from Work

    Actually, in some cases the claim can be retroactively applied, but it's better to be proactive.

  7. #7
    Join Date
    Feb 2008
    Posts
    1,127

    Default Re: I'm Suspended from Work

    texting to another male coworker that "the coworker was putting on a show every time she bent over" is pretty much sexual harassment, especially in this day and age. My crystal ball tells me that you should look elsewhere for employment and that your employer had good cause to suspend you and you should expect to be terminated.

    But you should call your HR and ask directly.

  8. #8
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: I'm Suspended from Work

    You can file a claim for unemployment insurance any time. Anytime you are off work for as much as a week without pay, you should file an unemployment claim right away. This will frequently force the employer to make some sort of definitive statement about what they're going with you and to you. But actually, legally, you could sit at home without pay for months and months, and if you were silly enough not to file for unemployment or to not assume you were fired and be looking for another job (which you'll immediately be required to do if filing for unemployment anyhow) then they're tickled.

    Whether you talk to HR at your company, whether they're willing to tell you anything or not, you need to file an unemployment claim. Sometimes HR departments have been known to mislead or flat out lie to people, as in "We aren't going to allow you unemployment"(when they really have no control of it) or "We haven't made a decision yet, so you can't file for unemployment." (which is not true.)

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,043

    Default Re: I'm Suspended from Work

    Quote Quoting RJR
    View Post
    If they voluntarily quit, does the EX employer have to furnish Unemployment info by law? I'm aware of certain time limits for last check's though.
    In MA, yes, they do.

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