What is statute of limitations in Colorado for filing a wrongful termination while on medical leave?
I was on medical leave when my employer sent a letter that they knew would be forwarded to my new address with a deadline response time of 2 days before ‘job abandonment’. In my unemployment phone hearing, it was determined that I was not at fault because the HR rep admitted that they knew the [...]
May 15th, 2010 at 7:34 pm
unless you were on FMLA there is no law that you can not be terminated while under a Dr.s care.
May 15th, 2010 at 7:34 pm
While shady, this probably does not count as wrongful termination, as Colorado is an at will state. This means they don’t even have to inform you you are fired. The job abandonment issue has more more of an impact on unemployment eligibility than anything else.
You MIGHT have a case under FMLA, depending on the time and nature of the leave, Also, if you can prove the employer terminated you for discriminatory reasons such as race or gender, then you may have an EEOC claim.
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