If I was charged by my employer on a criminal case and I won, can I file for a civil suit case for back pay?

Asked on August 26, 2015 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your question doesn't explain why you are seeking back pay--is it because your employer terminated you? If so, then you do not have a viable case for back pay unless you had a written employment contract which has been violated. In the absence of an employment contract, you are an employee at will and may be terminated at any time, for any reason, including that your employer thinks--even if mistakenly--that you committed a crime. If you were an employee at will no employment contract, you had no right to your job and your employer could terminate you over an alleged criminal act.


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