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Unlawful Termination. Colorado. I’ve escalated my concerns…

Customer Question
Unlawful Termination Lawyer's Assistant:...

Unlawful Termination

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Colorado

Lawyer's Assistant: What steps have been taken so far?

I’ve escalated my concerns with an HR investigator.

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Both HR is investigating my allegations.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly At will.

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

I’ve contacted HR on several occasions about my manager and an employee harassing me. I also took a leave of absence to recooperate.

Submitted: 2 months ago.Category: Employment Law
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Answered in 13 minutes by:
5/25/2018
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago
Eric. Y., Esq.
Category: Employment Law
Satisfied Customers: 650
Experience: General Counsel at UniversalMed Supply
Verified

Hello. My name is***** am an attorney and can assist you.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

Feel free to ask your question.

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Customer reply replied 2 months ago
Terminated for being “rude” to customers, because I followed policies that were put in place by the company. I also put in a formal compliant against my manager for harassment and discrimination. In addition to another employee. I took a leave of absence, because of the treatments, and was immediately harassed on my return. My manager accused me of leaving company resources unattended. However, in the company policy, it states that I can leave my assets in a purse or wallet in my locker which is where the information was held.
Customer reply replied 2 months ago
Formal complaint
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

Colorado is an at-will employment state, which means that either the employer or employee can end the employment relationship at any time. However, even in an at-will employment state, employers are not allowed to fire an employee for reasons that are against public policy or for discriminatory reasons. Likewise, even though Colorado is an at-will employment state, retaliation prohibits employers from firing employees who have engaged in the protected activity.

Such activities can include:

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

In your case, you may have suffered retaliation for complaining of harrassment and discrimination.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

I reccomend that you file a discrimination and retaliation charge with the Colorado Civil Rights Division at (303)(###) ###-####/a>. They will accept your complaint and investigation on your behalf free of charge.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

If this information was helpful, please rate my response on a scale of 3-5 stars.

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Customer reply replied 2 months ago
An HR investigator is looking into my claims. Is it still best to file a discrimination and retaliation charge?
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago
Based on your facts, you have already been terminated and thus potentially retaliated against. If you wait, that just gives HR an opportunity to find alterior motives for the termination thus supporting the employer. You should move forward now.
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Customer reply replied 2 months ago
The investigator is going to reach out to me supposedly tomorrow. Should I seek counsel and not have any communications with her?
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago
Since you are already terminated nothing good can come of it. Let them know you will cooperate after seeking counsel.
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Customer reply replied 2 months ago
I also got a change in management shortly after I repeatedly expressed harassment from my previous supervisor. The new manager came in and turned things around. Gave me all of my payouts and congratulated me for doing a great job as an employee. In turn, I moved from the bottom of my district to the middle of it and it’s because I no longer had to do menial tasks. Can I also use this information in my defense?
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

Yes. Using all prior performance reviews, praise, raises etc, go to show that you are an outsatnding employee and go against their claims that you were a substandard employee who deserved to be terminated.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

I hope my information has been helpful. Please kindly rate my responses on your end by accepting the answer or choosing 3-5 stars and selecting send. Thank you.

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Eric. Y., Esq.
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Category: Employment Law
Satisfied Customers: 650
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Experience: General Counsel at UniversalMed Supply

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