QUESTION
Employer has placed me on suspension- I want to return to work. Employer will not give final answer about returning to work. What can I do?
Asked on Nov 17th, 2014 on Employment Contracts - North Carolina
More details to this question:
I am a Breakfast Manager at Taco Bell in NC. I have been there 1 1/2 yrs. The Lunch Manager made conditions unbearable on a Sunday afternoon. I called General Manager and explained, but I did leave work that day. I was placed on suspension. I have waited my 2 weeks suspension and it is going on 3 weeks now. I have met with RGM and she said she would let me know something in a approx. a week. If I do not hear from them at all and have not quit my job. What can I do? I want my job back. I did not quit. I explained situation. I feel like it is an unfair situation. Do I have grounds for constructive discharge? I am also eligible now for Insurance and 1 week vacation. Can I still get my 1 week vacation pay?
1 ANSWER
4 Awards
Employers are not limited to a specific period of time for suspensions so this could go on indefinitely. If you are not returned back to work in a week or two, and the employer will not give you a return to work date, then you may want to file a claim for unemployment with the Division of Employment Security. I do not see any claim for constructive discharge in these fact, but without consulting with you, I cannot say for sure. You can use the vacation to cover the suspension if it was unpaid and the employer's policy allows for it. If you have been fired, you can claim any accrued, but unused vacation. However, that is only if the employer does not have a forfeiture policy which many employers do.
Answered on Nov 18th, 2014 at 2:53 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.