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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33779
Experience:  15 years practicing attorney
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I was fired today attendence need to appeal

Customer Question

I was fired today for work attendence need to appeal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is this a private employer or a governmental employer?

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Are you under a written fixed term employment contract?

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Does the employer have an HR Dept?

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If so, does it have any established policy where an employee can appeal a termination?

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What would be the grounds for you appealing their decision to terminate?

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thanks

Barrister

Customer: replied 1 year ago.
colorado hospno just a employe for 8yrs I do have hr yes I have missed any time in months
Customer: replied 1 year ago.
I am callin for my son who just got fired can I get alocal inhouse lawley?
Expert:  Barrister replied 1 year ago.

I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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I can answer your question online on the website or I can opt out and open the question to other experts who may be able to call you if you prefer.

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Just let me know if you want to proceed with me or have me opt out..

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thanks

Barrister

Customer: replied 1 year ago.
plaes give some infro now thanks
Customer: replied 1 year ago.
online
Expert:  Barrister replied 1 year ago.

Ok, I hate to be the bearer of bad news, but if this was a private employer and you were not under a written employment contract for a set term, under CO law you would be considered an "at will" employee. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.

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So the employer can legally terminate someone if they have too many absences as determined by the employer or by any policy that they may have.

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If the employer has some kind of appeal process in place, then son can contact the HR Dept and pursue filing an appeal. But if not, there is no statutory appeal process under the law so he can get his job back..

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While what the employer did was inequitable and unfair, it was not illegal. Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy... I don't want to see son spend a bunch of money on an attorney to try and pursue something that won't result in him getting his job back.

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thanks

Barrister