Legal Question in Employment Law in Colorado

Loss of Job

I was fired from my job after 18 years of service, for what they said was for personal use of e-mail. No warnings, never any write ups, nor had any type of verbal warnings. I believe that since the company was downsizing and had, had many layoffs, that they were looking for any type of reason to let people go without haveing to pay severance. Our company had a policy that in order to let someone go, they were to have a verbal warning and 3 write ups. Also, I had no idea that we were not suppose to use the e-mail for personal reasons. Everyone was doing it. I think I was treated unfairly. The company is having financial problems and I believe they picked on me because of my length of service with them and higher pay. I heard that Colorado Is a state that is more for the employer, and that by filing a suit, I would be wasteing money. Please help me.


Asked on 5/30/02, 8:01 pm

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Loss of Job

I did some research. You seem to have a clear age discrimination claim (if you are over 40) under the ADEA (Federal). You will also have a state claim. It is important to document the company policy of warnings, to document that others use email personally with management awareness and were not fired, that you were performing adequately in your job, and exactly why they said they fired you. This will all help.

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Answered on 6/04/02, 7:47 pm
Jason Savela The Savela Law Firm, PC

Re: Loss of Job

It seems that your company is trying to pull a fast one. If there is a policy regarding warnings and they did not follow it, then you may have a case. I need to do some research. Your company needs to still have some money after we win in order for you to collect.

Usually state law is better for the employee, but if it is not, then we can always file it in federal court.

If you still have your employee handbook with all the policies in it, please hold on to it. If a friend can get a copy from work - get it. Also, it is very important to have a copy of your employment contract if there is one. You may attempt to get a copy of your employee file from the company by simply asking. There is no good reason why they should not give it to you. There is a lot of facts to be established and things to be checked into before I can give you a very definite answer.

Please contact me to set up an appointment.

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Answered on 6/03/02, 8:06 pm


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