Being suspended from work can leave you worried about your income, reputation and whether you are about to lose your job.
A suspension means your employer has temporarily removed you from some or all of your duties. It may happen while the company investigates an allegation, addresses a workplace conflict or considers possible discipline.
The Quick Answer: What are your rights if you are suspended from work pending an investigation in Canada? A suspension does not automatically mean you will be fired. A temporary suspension with pay may be reasonable during a legitimate investigation. However, an unpaid, unexplained or indefinite suspension could be constructive dismissal. If that happens, you are entitled to a full severance package—as much as 24 months’ pay.
On This Page:
- 1. What Does Being Suspended Mean?
- 2. Suspension Pending Investigation
- 3. Paid vs. Unpaid Suspension
- 4. How Long Can Suspension Last?
- 5. Could You Be Fired or Owed Severance?
- 6. What Should You Do?
What Does Being Suspended From Work Mean?
A workplace suspension is usually intended to be temporary. Your employer may tell you not to attend the workplace, perform your duties or contact certain employees while an issue is reviewed.
Common reasons for suspension include:
- An investigation into alleged misconduct
- A harassment, bullying or safety complaint
- A serious conflict involving employees or customers
- Concerns about workplace records, property or confidential information
- Possible discipline for conduct or performance
A suspension is not automatically proof that you did something wrong. In many cases, the employer is separating an employee from the workplace while it gathers information and decides what to do next.
Is suspension the same as termination?
No. A suspension is generally temporary. A termination ends the employment relationship.
However, a suspension can become constructive dismissal if it is unauthorized, unjustified or allowed to continue in a way that substantially changes your employment.
Suspended From Work Pending Investigation: What Are Your Rights?
An employer may suspend an employee while investigating a serious workplace allegation, especially if the employee’s continued presence could affect witnesses, documents, safety or the workplace environment.
The suspension should have a legitimate purpose and be handled reasonably.
Important factors include:
- Why you were removed from the workplace
- Whether you continue to receive pay and benefits
- Whether your contract or workplace policies permit suspension
- How long the investigation takes
- Whether you have enough information to respond
- Whether your employer appears to be acting fairly and in good faith
Do you have to participate in a workplace investigation?
Employees are generally expected to cooperate with a reasonable workplace investigation.
Answer questions honestly. Preserve relevant records and follow reasonable instructions about confidentiality or contact with other employees.
You should still understand the allegations and possible consequences before attending a serious investigation interview. An employment lawyer can help you prepare and organize the facts you need to explain.
Does being suspended mean the employer believes the allegations?
Not necessarily. A paid suspension may simply give the employer time to investigate without disruption.
The employer should not use a supposedly neutral investigation suspension as punishment or as a way to pressure you to resign.
Can you contact coworkers during the investigation?
Follow any reasonable instructions in the suspension letter. Contacting witnesses or discussing confidential allegations could be characterized as interference with the investigation.
You may still need to speak with an employment lawyer, medical professional or another appropriate adviser. Get advice if the employer’s restrictions appear unusually broad.
Suspended With Pay vs. Suspended Without Pay
Whether you continue to receive your income is one of the most important parts of a workplace suspension.
| Suspension With Pay | Suspension Without Pay |
|---|---|
| Salary and benefits generally continue | Income is stopped during the suspension |
| Often used during a workplace investigation | May be intended as discipline or punishment |
| More likely to be reasonable when brief and justified | More likely to substantially affect the employment relationship |
| Can still become constructive dismissal | May result in constructive dismissal and severance |
Can your employer suspend you with pay?
Possibly. A temporary paid suspension may be reasonable when your employer has a legitimate workplace concern and needs time to investigate.
Being paid does not make every suspension automatically lawful. A lengthy, indefinite or unexplained paid suspension may still cross the line, particularly if your duties are permanently reassigned or your employer appears to have already decided to end your employment.
Can your employer suspend you without pay?
An unpaid suspension is much more serious because your employer has stopped providing one of the most important parts of the employment agreement: your income.
Whether an unpaid suspension is permitted can depend on:
- Your employment contract
- Workplace policies you previously accepted
- The reason for the suspension
- The seriousness of the alleged conduct
- The length and financial impact of the suspension
An unauthorized unpaid suspension may be constructive dismissal, allowing you to pursue severance as though your employer had terminated your employment.
How Long Can You Be Suspended From Work Pending Investigation?
There is no single maximum number of days that applies to every workplace suspension in Canada.
The employer should keep the suspension connected to a legitimate purpose and avoid unnecessary delay.
The reasonable length of a suspension can depend on:
- The complexity of the allegations
- The number of witnesses and records involved
- Whether police or another outside organization is involved
- Whether you continue to be paid
- Whether your employer remains in communication
- Whether genuine investigative steps are being taken
How long can you be suspended without pay?
There is no automatic grace period during which every unpaid suspension is legal.
Because the loss of income is immediate, even a relatively short unpaid suspension can create a serious legal issue if your employer lacks the contractual right or justification to impose it.
What does suspended indefinitely mean?
An indefinite suspension means your employer has not provided a clear return date or end point.
That does not automatically make the suspension constructive dismissal. However, a lengthy, unexplained or open-ended suspension can suggest that your employer no longer intends to honour the original employment relationship.
Suspended at Work: Will You Get Fired or Receive Severance?
A workplace suspension does not automatically mean you will be fired.
The investigation may end with:
- A return to work without discipline
- A warning or other corrective action
- A negotiated resolution
- Termination without cause and severance pay
- An allegation of termination for cause
Can an unfair suspension be constructive dismissal?
Yes. A suspension may be constructive dismissal if it is not permitted by the employment agreement, is not reasonably justified and substantially changes your employment.
An unpaid or indefinite suspension is particularly concerning. However, even a paid suspension can become constructive dismissal depending on its purpose, length and impact.
Can you receive severance pay?
If your suspension is constructive dismissal—or your employer fires you without just cause—you may be entitled to a full severance package.
A full severance package may include salary, benefits, bonuses, commissions and other regular compensation.
Depending on your age, position, length of service and the availability of similar work, severance can reach as much as 24 months’ pay.
Can you collect EI while suspended without pay?
Possibly. A suspended employee may be able to apply for Employment Insurance after losing work and income.
Service Canada will determine whether you qualify. Benefits may be denied if it concludes that your suspension resulted from misconduct, but your employer’s allegation does not automatically decide the EI result.
Apply promptly rather than waiting for the workplace investigation to end.
Which employment laws apply to you?
Most employees are covered by the employment laws of the province where they work.
Choose your province for more specific guidance:
- Suspended from work in Ontario
- Suspension without pay in Alberta
- Suspended from work in British Columbia
Employees in federally regulated industries—including banks, airlines, telecommunications, railways and certain interprovincial transportation businesses—may be covered by the Canada Labour Code.
Quebec has a different civil-law system. Employees in Quebec should obtain advice from a lawyer who practises employment law in that province.
What Should You Do if You Are Suspended From Work?
What you do during the suspension can affect your job, reputation and right to severance.
- Don’t resign. Resigning before understanding your rights can put your severance claim at risk.
- Ask for written details. Confirm whether the suspension is paid, why it was imposed and what happens next.
- Review your contract and policies. Look for language dealing with investigations, discipline and suspension.
- Save relevant records. Keep the suspension letter, emails, messages, policies and performance documents.
- Follow reasonable instructions. Remain available, preserve confidentiality and avoid interfering with the investigation.
- Prepare before an interview. Understand the allegations and organize the facts you need to explain.
- Contact an employment lawyer. Get advice before signing anything, resigning or responding to serious allegations.
Should you contact your employer during the suspension?
Follow the communication instructions in your suspension letter.
If no process is provided, send a professional written request asking about your pay status, the next step and who you should contact.
Avoid repeated emotional messages or workplace discussions that could be described as interference with the investigation.
Speak With an Employment Lawyer About Your Suspension
If you have been suspended with pay, without pay or pending an investigation, you don’t have to deal with the uncertainty alone.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their rights after a workplace suspension.
We can review your suspension letter, employment contract and the allegations against you. We can also help you prepare for the investigation and communicate with your employer on your behalf.
If your employment has effectively ended, we will pursue the full severance package you are owed—it could be up to 24 month’s pay. The process doesn’t need to be overwhelming—our team can guide you through each step.