Is there any legal action I can take if I have not been officially fired from my job but have not worked in weeks?

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Is there any legal action I can take if I have not been officially fired from my job but have not worked in weeks?

Asked on October 18, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no legal action you an take against your employer, unless you have an employment contract setting or guarantying your hours; without a contract, an employer is free to set, reduce, or eliminate hours at will, and is free to "fire" someone by simply eliminating their hours without "officially" firing them. However, you may be eligible to collect unemployment comensation if you have been effectively, or "constructively," fired by not being given any work and not having any work secheduled for the future; you should contact your state's department of labor to look into this.


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