What to do if I am owed lost wages for my employer’s refusal to work me based on false allegations?

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What to do if I am owed lost wages for my employer’s refusal to work me based on false allegations?

I am employed at a window washing business where I work on commission. About 3 months ago some tools were stolen at a customer’s house. At the time my boss told me he thought it was a fellow co-worker and also was told business was slow. I did not have any work for over 2 months. I am now being accused of being involved in the theft but I am not worried about because I have cameras where I live, which has me at home the time of the crime. But I did find out business was booming and my boss has also been hiring other workers while telling me the whole time there was no work.

Asked on October 27, 2012 under Employment Labor Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country an employee's job with his or her employer is terminable at will. If you have not done any work for your employer for some time then I suggest that you call him or her to ascertain if you are still employed or not.

If you are employed advise the employer that you will come in the next day to start working. If you are not employed, then you need to go to your local unemployment office and submit a claim for unemployment benefits.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only issue which matters is: did you have an employment contract? If you did not--and most Americans do not--then you were an employee at will, and your employer could terminate you, reduce or cut your hours, suspend or furlough you, etc. at any time, for any reason. Therefore, if you did not have an employment contract, you had no right to work--your employer did not have to give you work--and therefore no legal claim for not working.

If you did have an employment contract and any of its terms would help you, you could look to enforce those terms in this situation.


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