Fayetteville, NC asked in Employment Law for North Carolina

Q: HR txt: "You are suspended (not terminated) without pay until further notice. We will let you know when you may return."

No disciplinary actions ever. Is the txt legal and am I entitled to unemployment?

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1 Lawyer Answer
Kirk Angel
Kirk Angel
  • Concord, NC
  • Licensed in North Carolina

A: There is no specific "legal" way for an employer to terminate your employment or communicate suspensions etc. They can tell you in person, call you text you, or communicate it in any other way. In fact, that can communicate it non-verbally such as by changing the keys to the facility or locking you out of email, time clock or other systems. However, this does not seem to indicate you are fired unless there is more to this than you shared. The message you shared only indicates you have been suspended. In general, you have to be terminated to be entitled to unemployment benefits and suspension is not sufficient. There are some limited exceptions though.

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