Can I take them to Small Claims Court ?

Dear Mel!
I was terminated in October from my job of 5 years. I have taken them to the unemployment board since they denied my unemployment. The board found that I was not responsible for the separation and I started to recieve my unemployment. Can I take them to small claims court to get back unemployment monies since the court date was 3 months after my termination. 2nd Question I also believe that I was fired me because the new company thought I made to much money. Is it true that if the replacement for me was hired at a lower pay rate that I was at, can I also take it to small claims court and request compensation (I was told 1 years pay) Thank you for your time.

1 answer  |  asked Mar 22, 2004 3:04 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Small Claims Court not the forum for wrongful term

1) Normally, you should receive payment for the weeks you certified for benefits but those benefits were not paid because your employer contested your eligibility. You should talk to the unemployment board if you have not received those benefits.

2) The fact that you were terminated and replaced by another individual may raise claims for discrimination or wrongful termination. You should talk to an attorney to determine what, if any, such claims you might have.

Small claims is not the forum for these legal claims.

If you believe you were terminated in violation of the federal anti-discrimination laws, you have a limited amount of time to file a charge of discrimination with the EEOC or Colo. Civil Rights Division, which must be done in order to preserve any claims you might have. Although not required, you should consult with an attorney before filing such a charge.

I urge you to consult with an attorney as soon as possible to discuss these matters and determine what claims you might have and how to preserve and redress your rights.

If you would like to set up a consultation, please contact me at 303-860-8400. Thanks.
Nina Kazazian

posted by Nina Kazazian  |  Mar 22, 2004 3:29 PM [EST]

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