Do I have an wrongful termination case or other employment issue case against the State of Colorado?
I worked for the DOC and was accused of bringing in a contraband item into a facility for the inmates. I told my side of the story and was told they have lots of evidence against me but was never shown any. About a week or two later I went to work and finished my shift. I was called to come back in and was fired on the spot. I also didn't receive my final paycheck for about almost two weeks even though my uniforms were turned in ASAP. Long story short I did not do the above mentioned in which I was accused of. About a month before the incident I was calling in sick to go to another job interview and process a couple times and I got the job. When I came back and mentioned I would be leaving soon This all started happening. I almost thought it was a retaliation for wanting to leave the short handed and low payed DOC. I really like law enforcement and enjoy working in the career but even though I'm making good money now I will never be able to work in law enforcement again because of the incident I was accused of and did not commit. Now if they fired me for calling in sick in which I wasn't then cool I would of accepted and understood that. This gives me a bad name and I did not do it
I am sorry to learn of this situation.
Colorado is an “employment-at-will” state. This means that either the employer or the employee may end the employment relationship without giving either notice or a reason.
If you feel your termination is unjust is I encourage you to file for unemployment benefits and request a hearing – if your employer asserts your termination was justified - to determine if you may qualify for benefits. This process may also help to flesh out any additional potential claims you may have for any further action such as discrimination or retaliation for reasons such as filing a workers’ compensation claim, reporting wrongdoings or violations of law, refusing to commit a crime or to act contrary to public policy, or performing a civic duty such as serving on a jury or participating as a witness in an investigation.
You can begin your application for benefits at this site https://www.colorado.gov/pacific/cdle/start-a-claim
Depending on the response of your employer, or lack thereof, you may need to contact an experienced attorney their assistance with a hearing and to discuss any potential claim you may have. If you need help locating attorneys to consult, please contact me and I will give you some options - my numbers and information are available on this site.
Attorneys who practice this type of law all offer free consultations so it will cost you nothing to talk plus they work on a contingency fee basis so you pay nothing to have them fight for you.
I wish you the best of luck.
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The rules that apply to State employees are slightly different than those that apply to private employees. If you had appeal rights to the State Personnel Board, you generally are required to appeal to the Board within 10 days of being terminated. If you did not timely file an appeal but still wish to pursue the case, you should consult with an attorney who is experienced in representing state employees to determine whether good cause exists for a late filing. If you have reason to believe that the termination occurred because of your membership in a protected class (sex, race, religion, etc.), there also still may be a way to challenge the termination.
This response provides general information only and does not create any attorney-client relationship. To obtain legal advice based on your specific situation, directly contact a licensed attorney.
