Suspension without pay

[carmenlynne]

What is the name of your state (only U.S. law)? California

I believe my employer may be trying to force me to resign, thereby wriggling out of paying unemployment benefit for terminating me. She told me a week ago that she was suspending me without pay until further notice. Even though I have spent a total of 11 hours doing the reporting she asked for (for no pay) and even though all of the other providers at the clinic were also told their reports weren't good enough yet they were not suspended and I was, she has not taken me off the suspension. She says I am not terminated just suspended. She wants me to come in and work for free, yet I cannot do this and support myself, obviously. What are my rights here? Can she really keep me in this suspended limbo indefinitely, and stop me claiming unemployment benefits or looking for other paid work?What is the name of your state (only U.S. law)?

 

[swalsh411]

Suspended indefinitely is the same as terminated. File for unemployment. Unless there was misconduct you should be eligible. The fact that she wants you to come in for free (which you should not do) helps your case because an employer cannot make a good case for misconduct if at the same time they want the employee on the work site as a volunteer.

Of course you can look for other work. Why in the world would you think you couldn't?

 

[pattytx]

And if you've already DONE the work, and the regular payday for that pay period has come and gone without you getting paid for it, file an unpaid wage claim with the DLSE.

 

[JETX]

She says I am not terminated just suspended. She wants me to come in and work for free, yet I cannot do this and support myself, obviously. What are my rights here?

You have the 'right' to be paid (the greater of minimum wage or your agreed rate) for the ACTUAL hours worked. If not paid, file a wage complaint.

Can she really keep me in this suspended limbo indefinitely

Yes.

and stop me claiming unemployment benefits or looking for other paid work?

No. You can certainly file for unemployment... and you can certainly look for another job.