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I was just let go bye my work for not signing a non-compete…

Customer Question
I was just let...

I was just let go bye my work for not signing a non-compete even though I've been there for 3 years he treated me like an employee did not give me a W-2 or 1099 and I'm a subcontractor I've always had to put in miscellaneous pay for my taxes I feel like I was treated wrong and I don't know what to do about it he is now continuing to call me and threaten me

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Do I even have a case?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I worked 6 days a week we never had a sign contract he paid me in cash and said he was a legit business and he could do it that way even though I questioned it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that was my only issue I'm just not knowledgeable about the rules and laws

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/4/2017
Employment Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 42,557
Experience: 17 years practicing attorney
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You aren't going to like this, but unless you are a governmental employee or are under an employment contract, all employment in CO is considered "at will". 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.

.

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).

.

If you think that he might have been violating any labor laws in how he was paying you, you can file a formal complaint with the CO Dept of Labor and request an investigation. But you would want to make sure that you had been reporting all the money on your taxes as income and paying taxes on it or you could open up a big can of worms for yourself.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
I have been paying my taxes as miscellaneous for my pay keeping the best track I can without having a 1099 so pretty much I really don't have a case against him. Thank you for your time and for the information I was just naive on the rules and laws and next employer I go to I will make sure they are doing things right
Employment Lawyer: Barrister, Lawyer replied 7 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Employment Law Question
Employment Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,
.
I just wanted to touch base with you and check in.
.
Did you have any further questions I can help with?
.
.
Thanks much
Barrister

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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