Legal Question in Civil Rights Law in Colorado

fired from job

I was bitten by a spider on the job. a coworker was there a saw it. I keep getting worse and the doctors put me in the hospital . When I was released. I went and talked to my boss. and he told me I had been replaced. Can he legually do this to me?


Asked on 4/16/07, 8:20 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: fired from job

It depends.

If you have a job contract, look there first.

Otherwise, Colorado is an at-will employment state, which means an employer can fire you for any reason, or no reason, with certain exceptions, such as discrimination.

One of those is the Public Policy Exception. Under this exception, for example, you cannot be legally fired if you file a claim for worker's compensation. Arguably that could extend to a known intention to file such a claim. I notice you emphasize that a spider bit you on the job, and that someone there witnessed that. If you have been talking about filing a claim, that may be the reason you were fired, and you should be able to press a wrongful firing claim on that basis.

You may also be covered under the federal Family and Medical Leave Act of 1993, if your employer employs at least 50 workers, and you have worked at least 1250 hours in the last year.

Good luck, but if your name is Peter Parker, I doubt you'll need it.

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Answered on 4/17/07, 12:58 pm


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