Rights of termnated employee: termination fair and payment

Asked over 1 year ago - Colorado Springs, CO

worked at a restaurant for a week. never signed employee contract, never issued handbook or policies, never trained. was told id be salaried cuz they hate overtime pay. i accepted. thesalary figure was never discussed. i messed up one morning and was late. another mngr threatened violence at me. i left. came back mins later cuz i needed job and wanted to work. again, threats. i left and called owner to say i didnt wanna walk out. she didnt return call for hrs saying my performance and leaving cost her money. never addressed threats. said i was now unemployed but if i got my "act" together shed consider rehiring cuz im good at what i do...bc i allowed the salary thing to happen what should my final check be? minimum wage probably and is this legal as an at will employment termination

Attorney answers (2)

  1. Victoria Therese Aguilar

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Concurring with Mr. Leroi -- please remember that Colorado is an "at will" employment state which means that unless you have a written employment contract for a term or some sort of writing that can reasonably be interpreted to reflect that your employment relationship is something other than "at will" the relationship may be terminated by either party, with or without cause, with or without notice, for any reason or no reason at all. That said, it does seem that the compensation 'structure' of your arrangement and the comment concerning salary and the employer not 'liking' overtime may be a potential issue in that the Fair Labor Standards Act outlines the terms under which employees may be classified as Exempt versus Non Exempt (OT eligible). Yours does not sound to me (without knowing enough to advise) like an Exempt (i.e. salaried) position. So, I suspect that your employer may not be acting in proper accordance with the dictates of the FLSA. However, the ultimate question -- for you -- will one of damages which is to say that even assuming that you were improperly classified and terminated (with or without cause, properly) how many hours did you work beyond 40 in the time that ou were there?

    To the extent that you believe you have an action worth pursuing you can certainly send a letter directly to your former employer, you can call the CO DOL directly and discuss the situation with them. You can certainly reach out to any number of attorneys as well.

    Good luck!

    ~ V

    All communications are provided for general informational purposes only, may not be applicable to your specific... more
  2. Christopher Daniel Leroi

    Contributor Level 20

    Answered . Yes, you were legally terminated as an "at will" employee.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more

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