PTO Payout on Termination | Colorado Law

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
Hypothetical question

I've been trying to resolve this in Colorado on my own but I'm stuck.

fired while on medical leave. I've been dealing with this for about 7 weeks now and the situation isn't improving.

I have worked at this company for 11 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Has anyone been through something similar? What worked for you?

Illustrative response

Important clarification on arbitration: if your contract has a mandatory arbitration clause, you generally CAN'T sue in court. But here's the thing — filing for arbitration is often MORE intimidating to companies because they have to pay the arbitration fees (often $3,000-5,000 for the company's share). Use this to your advantage.

Illustrative response

My company tried the same thing — called it a "restructuring" but only laid off people over 50. Age discrimination is hard to prove individually but if there's a pattern, the EEOC takes notice.

Illustrative response

Have you filed a complaint with the labor board yet? That's usually the first step.

Illustrative response

Did you get anything in writing from HR? That's usually key evidence.

Illustrative response

Thanks for sharing. Dealing with something similar myself.