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Not sure if I am unemployed..

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simplyhired

Junior Member
Not sure if I am unemployed...do i have a case?

What is the name of your state (only U.S. law)? New York:confused::confused:
I live and work in NYC. I was recently suspended from my job pending an investigation. The investigation did not have anything to do with my work ethics. The investigation is completed and I have been cleared to return to work, however my employer stated that they have replaced me with someone else and the person they hired will start the end of March. I would like to know if I am still entitled to my job, if not do I qualify for unemployment even though the agency has not official fired me? The last question can I file a legal lawsuit against this agency? I have only been out for about a month and they have already replaced me.
 
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Beth3

Senior Member
I would like to know if I am still entitled to my job, if not do I qualify for unemployment even though the agency has not official fired me? None of us are entitled to our jobs so yes, your employer can replace you if they wish to. What you should do is return to work. If you're out of a job when your replacement starts at the end of the month then yes, you will qualify for unemployment benefits. If you don't return to work, then I expect your employer will contest benefits on the grounds that you abandoned your job.

If I were you, I'd also ask the employer for clarification of your status. Are they saying you're going to be let go when the new hire starts? Or is there a possibility that they have another position that they're going to offer you?

The last question can I file a legal lawsuit against this agency? There's no basis to file a suit against this company. They can replace you if they wish to.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
I live and work in NYC. I was recently suspended from my job pending an investigation. The investigation did not have anything to do with my work ethics. The investigation is completed and I have been cleared to return to work, however my employer stated that they have replaced me with someone else and the person they hired will start the end of March. I would like to know if I am still entitled to my job, if not do I qualify for unemployment even though the agency has not official fired me? The last question can I file a legal lawsuit against this agency? I have only been out for about a month and they have already replaced me.
Why do you use the word "Agency"
 

eerelations

Senior Member
Absent a contract that states otherwise, your former employer is legally free to replace you for any reason, including no reason, and in spite of you being "cleared to return to work." So you don't have any legal recourse for this.

Your former employer is not legally required to say "you're fired" for you to be officially unemployed. The fact that your former employer has replaced you is a very strong indication that you no longer work for your former employer. As such, you're free to apply for unemployment benefits.
 

simplyhired

Junior Member
Thank you for responding to my post.

I say agency because I work for a nonprofit organization that works in collaboration with the Department of Education.

I filed for unemployment and I have not been approved to received benefits, as they are investigating my claim.
 

swalsh411

Senior Member
If your employer contests your benefits and is able to show whatever you were suspended for amounts to misconduct then you may not be eligible for unemployment. It's entirely normal that your claim is being investigated if you said you were suspended/fired for cause.
 

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