Did you know that Colorado follows what is called the “employment-at-will” legal doctrine? The at-will doctrine says that “in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation” [Source: Colorado Department of Labor and Employment]. While there are some exceptions to the employment-at-will doctrine, generally, an employer can fire an employee as long as they are not guilty of discrimination or the termination is not a violation of public policy or contract law.
For instance, if your employer fired you for seeking the medical treatment needed to treat the disability you suffer from, he or she may not be entitled to utilize the employment at-will doctrine as a reason to fire you. An employer may also not fire an employee using the doctrine if the employee filed a workers compensation claim or reported their employer for illegal behavior or harassment. In the event an employer was guilty of doing this, it would be considered a violation of public policy.
Now, when it comes to taking time away from work for being ill, an employer may or may not be entitled to use the employment-at-will doctrine as a reason to fire you. If your employer feels as though you are abusing your sick days when you are not actually ill, then he or she may use this as their basis for firing you. However, if you have provided your employer with a letter from your doctor that highlights the illness and symptoms you are suffering from, whether it be the flu or a more serious condition, then he or she may not have a legitimate reason for firing you.
What should I do if I think my employer in Denver, CO wrongfully terminated me for calling in sick?
If you think your employer in CO has wrongfully terminated you, it is best you contact a Denver, CO wrongful termination lawyer before assuming your lawyer violated your rights or the law. The truth is, it can sometimes be difficult to decipher when an employer is guilty of wrongful termination and when he or she is simply exercising their legal rights as an employer. Therefore, before you accuse your employer of wrongful termination or initiate a lawsuit against him or her for lost wages, you should contact the CO wrongful termination attorneys at Anderson Barkley, LLC.
The lawyers at this employment law firm in Denver can help determine if your employer wrongfully fired you and even help you recover the compensation you would have earned had your employer not fired you. If you’re ready to speak with an attorney now and find out what you should do next to address the issue, contact this firm at 720-506-1764.
Anderson Barkley, LLC is located at:
3900 E. Mexico Ave., Suite 300
Denver, CO 80210