What constitutes "good cause" in Colorado?

[lwyrchck]

I was terminated today, with the HR manager telling me that my performance was not up to the job standards. However, a month ago, in my review, I was told my performance was "excellent", and that I was one of the most valuable employees at the firm. Last week I complained that my supervising attorney had been rude and abusive to me, and has been continuously so. I also expressed concern that I was behind on my work because of being out of the office to attend depositions, which were mandated for me to attend. (I'm an associate attorney.) I also was out of the office for 8 days for jury duty. As support for her position that my performance was sub-standard, the HR manager stated I was behind on my work and also reprimanded me because I DIDN'T attempt to foist it off on someone else, and instead tried to get caught up by working nights and weekends! By the way, I have never been given either verbal or written warnings about my performance.

Does this constitute "good cause" for terminating me, and is it likely that I would be denied unemployment benefits?

[bears00]

Haircolor, an ugly plaid shirt, your mother's nasty apple pie, bad breath...whatever.

Short of having a bona fide contract to the contrary, CO is an at-will state, which means that they can terminate you for anything other than a reason protected by an applicable statute. If the reasons that you list are accurate, then I don't know of a reason for your denial for unemployment. Your state's DOL will make that determination, however.

Please don't take the following as an insult. What kind of law do you practice? I can understand you not knowing the intricacies of employment law, but the question that you pose is among THE MOST FUNDAMENTAL principles of any class on employment law. And, I do mean any class (including undergraduate as well as simple informational seminars). My next question is this, did you actually take an employment law class in law school? I can't imagine that not being a part of any law program, ABA accredited or not.

[lwyrchck]

Are you an attorney?! If so, then you should know that an attorney doesn't automatically know anything about all types of law. If I were an attorney practicing labor or employment law, I wouldn't have felt the need to post here! I did graduate from an accredited law school and employment law was not a course I took. By the way, maybe you didn't intend to be insulting, but you certainly came across as both insulting and condescending!! What was your intent, if not to insult??

[ACc083]

What type of law do you specialize in? Just curious...we might be able to use you in another forum.

[lwyrchck]

Personal injury law

[cbg]

bears, I understand the point you were trying to make, but please be careful about the way you come across.

lwrychck, I know bears well enough to know that no insult was intended, no matter how her comment may have presented itself. Please don't take offense.

Now, are we finished with this topic?

[lwyrchck]

Which topic? My original question or the comment regarding my lack of knowledge of employment law? If anyone else has anything to add regarding "good cause" or my original question, I certainly hope they will add it. As for the other, I was finished with it when I posted my reply.

[bears00]

Neither an insult, nor a condescending attitude was intended. It really was a genuine curiosity quesiton. I guess I should back track myself.

As for your question. I am not an attorney, YET. I have been courting some J.D. programs, though. I have the brains, but I'm not sure I have the guts for it, for what's it's worth.

And hey, we really could use you around here more often. It really does take a special breed for personal injury: a good combination of brains, personality, meticulousness, a wolf in lamb's clothing, and an uncanny ability to tell someone to bend over and kiss their own @$$ and make them like it. Kinda like how you did with me (very big complement, not an insult). I have a cousin that practices personal injury law, and I'll tell you what I mean about the wolf and the kissing comment. From my experience with personal injury attorneys, you really have to be an intellectual superior to just about everyone on God's green earth in order to be successful. The negotiation skills are very high in that field, and the litigation can be quite strenuous, especially due to the strides in modern medicine in the last decade. My hats off to you and your success because it really does take a true intellect to convince an opposing party that a settlement is really in their best interest; and that is why is say the wolf in lamb's clothing.

I do have one more caveat. Be very prepared for your former employer to lie in the unemployment hearing. This is not an uncommon tactic. They will probably even bank on you being a personal injury expert, and not an employment law expert (I sure hope that doesn't come off as insulting).

Also, most of the administrative law judges that preside over unemployment hearings in my state are incompetent IDIOTS. There are a handful that are very fair in their application of the law, and run a very tight ship, so to speak. But the vast majority of them are nuts, and usually have their minds made up before the hearing even starts. I had one go so far as to tell me so.

Good luck. Stay around here, and let us know what happens.

[Beth3]

Originally Posted by lwyrchck

I was terminated today, with the HR manager telling me that my performance was not up to the job standards. However, a month ago, in my review, I was told my performance was "excellent", and that I was one of the most valuable employees at the firm. Last week I complained that my supervising attorney had been rude and abusive to me, and has been continuously so. I also expressed concern that I was behind on my work because of being out of the office to attend depositions, which were mandated for me to attend. (I'm an associate attorney.) I also was out of the office for 8 days for jury duty. As support for her position that my performance was sub-standard, the HR manager stated I was behind on my work and also reprimanded me because I DIDN'T attempt to foist it off on someone else, and instead tried to get caught up by working nights and weekends! By the way, I have never been given either verbal or written warnings about my performance.

Does this constitute "good cause" for terminating me, and is it likely that I would be denied unemployment benefits?

(a) Your employer doesn't need good cause to terminate you. (b) If you were unable to meet the deadlines, it may have been very reasonable for your employer to expect you to inform your supervisor and others of that so that the work could be assigned elsewhere. (c) Yes, you will probably be eligible for UC benefits.