By: Janine Guzman and Mariana Muñiz-Lara
The Supreme Court of Puerto Rico recently determined that an employee accused of committing several felonies can be suspended indefinitely pending criminal trial without it being considered an unjust dismissal. It also held that an employee can be dismissed with just cause if found guilty of the felonies.
Under Puerto Rico Act No. 80 of May 30, 1976, known as the Unjust Dismissal Act, an employer must pay severance if it terminates an employee without just cause – as the term is defined therein – and an indefinite suspension exceeding three months is considered a dismissal.
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