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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was fired on the telephone on a Thursday afternoon Sept

Customer Question

I was fired on the telephone on a Thursday afternoon Sept 8th. They did not give me my paycheck until regular payday Sept 16th and cut my medical on Sept 3rd. Is that legal? They do not follow the policy handbook, and play favorites. Not looking at firing, this state is at will but the fact of playing favorite and clearly not following policy.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question. Can you tell me what your employer told you the reason was for your termination and also what you mean by "playing favorite?" Why do you personally think you were terminated or treated differently than other employees? In other words what makes you different in your employer's eyes?

Customer: replied 10 months ago.
Policy was 1 no call no show for a shift was automatic termination. I did that because I was ill I slept thru my shift. Had Dr documentation that I had a bladder infection going into pylonephritis. I am still I'll with it. There were other employees that have done this multiple times without being fired. Yesterday they put fire date as 9/3/16 But did not fire on the phone for this no call/no show until 9/8/16.
Expert:  Marsha411JD replied 10 months ago.

Hello again and thank you for your reply. First, as to the issue of when you received your final wages. You are correct that under Colorado law an employer must pay an employee that they terminate immediately (within 6 hours of the start of the next workday if the payroll unit is closed on the day of termination or within 24 hours if the payroll unit is offsite). They do, however, have until the next regular payday if it is a case where the employee quit. I am guessing (only a guess) that your employer waited to pay you until the next payday because usually a "no call no show" is considered to be a "quit" by the employee. That though is not always how the courts see it, but often they will since it is similar to job abandonment, which is a quit. In any event, if you want to file a complaint with the Colorado DOL for the late payment, you are free to. If they determine that the employer paid you late knowing that they were violating the law, then they can fine them $1000.

As for the termination of your insurance and COBRA information, your employer and the plan administrator actually have a total of 44 days to get that information to you after your termination date. The employer has 30 days to notify the plan administrator of the "qualifying event" and then the plan administrator has 14 days to notify you of your COBRA rights. It usually happens much sooner. But, rest assured that if you elect COBRA benefits, then coverage is backdated to the last day you were covered under your employers regular health plan. So, no coverage is lost. I can't comment on the date of your termination or loss of regular coverage because I don't have the facts from your employer's perspective. Usually, they will make the date the last day you were at work for the termination date. If you do not get your COBRA notice within the time period I mentioned, you can file a complaint with the Employee Benefits Security Division of the U.S. DOL, which enforces ERISA and COBRA issues.

Finally, as to the unfairness of your termination. Although there is no rule that says that an employer must mete out discipline evenly, there is a law that says they cannot treat one employee more adversely simply because of that persons race, national origin, age (over 40), gender, disability, religion, pregnancy or military service. So, if you believe you were treated less favorably only because of one of those reasons, you can file a complaint with the EEOC and will want to consult with a local employment law attorney about your case.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a few moments to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 22nd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.