Should I suffer due to my employer’s error?

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Should I suffer due to my employer’s error?

My company messed up a security clearance paperwork and now I cannot work for them for what looks like at least 2 weeks. I do not have that much PTO and I am being forced to use it until it runs out and then use leave without pay. I need to know if this is legal on their part? What can I do about this? I am stuck in a holding pattern and am having to leave voice-mail messages.

Asked on June 19, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you do not have an employment contract setting your start date or period of employment, it is legal. Without a contract, you are an employee at will; employers decide whether, and when, to employ employees at will, and may delay their start dates, or suspend them, furlough them or place them on leave, or terminate them, at any time, for any reason--including the employer's error. It is unfair, but legal.


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