Is there a maximum amount of time an employer can keep me on furlough?

[furledough]

I'm a salaried employee of a publicly-traded company, located in one of their Colorado locations. My employment contract entitles me to a severance of 8 weeks pay. My employer put me on furlough/unpaid leave. Informally, it is probably permanent, since this location has decided to no longer pursue the contracts I specialize in. I think my employer is hoping I will find work while I am furloughed, so they do not have to pay my severance. Is there a limit to how long they can force me to take unpaid leave? Is there a way to claim my severance if they "furloughed" me in bad faith, knowing there is almost no possibility they will offer me paid work again?

 

[LdiJ]

I'm a salaried employee of a publicly-traded company, located in one of their Colorado locations. My employment contract entitles me to a severance of 8 weeks pay. My employer put me on furlough/unpaid leave. Informally, it is probably permanent, since this location has decided to no longer pursue the contracts I specialize in. I think my employer is hoping I will find work while I am furloughed, so they do not have to pay my severance. Is there a limit to how long they can force me to take unpaid leave? Is there a way to claim my severance if they "furloughed" me in bad faith, knowing there is almost no possibility they will offer me paid work again?

You need to find a local attorney to review your contract. It certainly looks like the employer is acting in bad faith to me, but an employment attorney is a better source of information.

 

[justalayman]

Have you filed for unemployment?

 

[cbg]

Is there a limit to how long they can force me to take unpaid leave? Only if such a limit is provided in your contract.

Is there a way to claim my severance if they "furloughed" me in bad faith I'm not sure you'll find it easy to prove bad faith but again, the answer is going to be in your contract.

I don't think you're going to be able to avoid showing your employment contract to an employment attorney if you want to take any action. BTW, you are expected to mitigate any damages so I do hope you are claiming unemployment AND actively looking for other work. Could hurt any subsequent claim if you aren't.

 

[HRZ]

Agree with all above ..time to have professional eyes on your contract .

Are all your benefits being kept in place or are they too cut to zero? MIght matter ...

AS an aside I don't think the starting question is is it a bad faith furlough ..unless that's a contract point..the starting question is this a severance as defined by law/ contract
...employer can call it a duck or an unpaid sabbatical....but let your attorney comment on your contract and fact pattern .

PErsonally I'd file for UC pronto and chose my words carefully .

 

[HRZ]

PS. I'd NOT look for work or accept work especially with any of your firms competitors with out first a careful review of your contract to be sure there are no noncompete provisions in there that might backfire as a reason not to pay severance ...check it first ..should be relatively easy point to check ..if not clear..be sure to get lawyer to comment


.