Back pay

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Back pay

I was terminated which was actually ruled an
involuntary termination. Employer blamed me
for horrible things like forging documents yet
could not bring a shred of evidence against me.
The story is to long to go into here. Initial ruling
awarded me unemployment because he had
no evidence and involuntary quit. He appealed
and lost again for the same reason. He
basically slandered and lied. Can I take him to
small claims court for wages lost for being
unemployed for 3 months due to his lies
agreed upon by 2 judges.

Asked on November 6, 2016 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot get back pay unless he violated a written employment (including union or collective bargaining) agreement in terminating you (in which case you could sue him for breach of contract for the pay due you under the contract). Without a contract, you were an employee at will; an employee at will may be terminated at any time, even if without good cause (i.e. even if you did nothing wrong). Therefore, even if it was found that you were unemployment benefits eligible and had done nothing wrong, he could still terminate you--you had no right to keep your job. Having no right to your job, you are not entitled to pay after he terminated you, since he was allowed to terminate you.


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