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  • Suspended Till Further Notice Massachusetts

    My wife works for a private ambulance company with a sneaky boss. He claims to avoid paying unemployment by indeffinatly suspending his employees. Is this legal? How long can someone be on unpaid suspension? Can they get unempoyment benifits?

  • #2
    I am not aware of any provision that defines the maximum length that an unpaid suspension may last. Is your wife under current unpaid-suspension? If yes, how long?

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    • #3
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      My wife is not involved but I have heard that it has happened may times. It just happened yesterday that why I was curious. I was looking all over the D.O.L web site couldnt find anything.



      Agin my ? is. Can you suspend someone till further notice with no end? How long till you are intitled to unemployment benifits?

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      • #4
        An unpaid suspension is not unlawful. It's not unlawful because it's not addressed under law. So there is no definitive answer to provide. As for unemployment, the final decision is at the hands of your state's UI board. An affected worker is always "free" to apply for UI benefits. If the unpaid suspension is for an extended period of time, my best guess is that UI will define it as a termination.

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        • #5
          As an aside: A worker will generally qualify for benefits under lay-off or termination for no cause. My guess is that by placing someone on unpaid suspension misconduct must have existed. UI may consider this if employer disputes claimant's request for benefits.

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          • #6
            There was another thread, quite recently, that had a similar claim that suspended employees won't get unemployment and that an indefinite suspension was a way of getting the employee to quit (which would also disqualify the employee from benefits).

            My state addresses the issue of suspension and evaluates whether there was misconduct or not. If the hearings officer finds that there was misconduct resulting in suspension, then the claimant is ineligible for benefits, but this means the burden of proof is on the employer.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              Originally posted by J0EY View Post
              My wife works for a private ambulance company with a sneaky boss. He claims to avoid paying unemployment by indeffinatly suspending his employees. Is this legal? How long can someone be on unpaid suspension? Can they get unempoyment benifits?
              Your wife's boss is completely wrong. In MA, any unpaid suspension in excess of ten (10) weeks automatically qualifies you for unemployment benefits after week #10 regardless of the reason for the suspension.

              For suspensions ten (10) weeks or less, the employer must be able to demonstrate a knowing rule violation or willful disregard of its reasonable expectations.

              Your wife should file.

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