Placed on unpaid leave pending investigation, but nothing is being done.

[Hunterman]

Minnesota.

I work in a care facility. Two weeks ago I received a phone call from my supervisor stating that I was under investigation and not to report to work. I was told that the investigation was because a resident had made a complaint, but I was not given any further information. I was also told that they anticipated having the investigation completed within two or three workdays.

It's now been two weeks and my employer still has not completed the investigation. I contacted them today and was told the investigation was not finished.

I have lost two weeks of pay, which is going to be a hardship for me and my family. I am concerned that I will lose benefits like health and dental insurance because of this investigation because employees have to average a certain number of hours per week to be benefit eligible.

I am not concerned about the results of the investigation because I have not done anything wrong. I have not received anything in writing about being under investigation. I have not been questioned or interviewed by my employer about this investigation.

Am I eligible for unemployment benefits?

Any advice on how to handle this situation would be appreciated.

 

[adjusterjack]

My take is, and has always been, that a suspension without pay is a termination or at least a layoff that would entitle you to unemployment compensation unless it was due to misconduct.

There are unscrupulous employers that use a suspension without pay to scam employees into not filing for unemployment compensation.

I suggest you file today. Benefits are not retroactive and you still have a one week waiting period.

There's no way to say whether you'll qualify. If the employer can make a misconduct claim stick, you won't. Otherwise you will.

 

[cbg]

Additionally, an unemployment claim may shake a bit more information loose.