Employment Law

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Please answer ONLY if you...
Please answer ONLY if you are practicing Employment law in Colorado.
I was employed at a charter school but never signed a contract. In my emails where I negotiated the payment, I also mentioned that I am looking for a long-term employment, not just for a few months or a year.
In my believe I have an unlimited contract and there has been never the mention that I would be hired under "at-will" conditions. What is my status as an employee now: Does "at-will" apply to my verbal contract? So far I have received salary for 5 months and have worked from mid September till present.
Submitted: 2 years ago.Category: Employment Law
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Answered in 6 hours by:
3/4/2016
Employment Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27,012
Experience: More than 20 years of experience practicing law.
Verified

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Colorado does have an exception to the "at will" employment without a written contract and that is an implied contract.

Courts have found that an implied contract was formed in the following circumstances:

1 In trying to convince a prospective employee to take a job, an employer promises the employee that he will only be fired if he doesn't do his job well.

2 An employee manual states that once employees have completed an initial 90-day probation period, they become "permanent" employees.

3 During an evaluation, a supervisor gives an employee a glowing review and says that he will have a long future at the company as long as his good performance continues.

So yes, you could have an Implied Contract for Permanent employment. However, that does not mean that you cannot be terminated for "Good Cause." Some examples of good cause include poor job performance, low productivity, refusal to follow instructions, habitual tardiness, excessive absences from work, threats of violence, violating company rules, stealing or other criminal activity, dishonesty, endangering health and safety, revealing company trade secrets, harassing coworkers,

disrupting the work environment, preventing coworkers from doing their jobs, and insubordination.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

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Customer reply replied 2 years ago
Non of the above 3 points you mention have happened.
Though you conclude that I may have a unlimited contract.
You say courts have decided that...
What courts? Colorado courts?I am sorry to say but I explicitly (!!!) said: don't answer if you don't practice in CO , your profile says you are accredited in Maryland.
I feel puzzled.
Please reverse what you caused, namely the answer being closed to other lawyers from CO.,
Employment Lawyer: Samuel II, Attorney at Law replied 2 years ago

Hello

Thank you for your feedback. I will opt out and if there is a CO attorney on this site they can answer for you.

There is no need to rate this response or to reply at this time as that will only delay a response from a CO attorney, if there are any on this site. Thank you and good luck.

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