I had back ailments in 2012; the company moved me from 1 branch to another for my restricted duties.in feb,2013,I underwent surgery,more lost time,less duties etc. I turned 59 in march. In may, I'd asked for an raise in commission to help my kids in college.I was denied & told I had to show them I could produce again, they then said they were moving me to 1 more branch and it was my "last shot" Asked why?"we're tired of moving you around."Location I was sent to had increased sales since my move. I had 2 customer(verbal) complaints in 2 weeks,1 was a complaint to a company owned by the neighbor of our companies owner. Complaint was an excuse to let me go.I've had less than 10 customer complaints in my 15 years with them.I feel due to age/ new heath issues: I feel I'm discriminated against.
Colorado is an "at will" employment state in which you can be fired for basically any reason or no reason. However, there might be an issue as to whether you fall under the Americans with Disabilities Act which would provide you with protections. Additionally, the Family Medical Leave Act might be applicable as well, although it is hard to tell. Finally, you might have an age discrimination case under Title VII is you can prove the termination was due to age. A great place to start is with the EEOC and the CO Department of Labor.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
General Practice Lawyer
Yes, they can fire you. Mr. Leroi's analysis is right on.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
On what basis were you discriminated against? If the real reason you were terminated was because of customer complaints or sales performance then you were not discriminated against and you have no claim.
If, on the other hand, you believe you might be able to prove that the real reason you were fired was because of your age, your race, your gender, or an actual disability, then the termination might be illegal. If that is the case, you need the assistance of an employment attorney.
You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.