Wrongful Termination in Colorado

What Is Wrongful Termination?

While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Colorado law, federal law, or an employment agreement. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.

Under Colorado law, your boss cannot fire you for reasons that violate public policy, such as serving on a jury. As well, you cannot be fired for reasons that violate terms of an employment contract. In fact, according to the National Conference of State Legislatures, Colorado even enforces implied employment contracts. For example, if a Colorado employer never reprimands employees for lateness, this might be construed as an implied contract of casual work hours. However, Colorado does not extend the implied covenant of good faith and fair dealing to any employment without contracts.

Types Of Wrongful Termination

In Colorado, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect you are experiencing been wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.

Limitations of At-Will Employment

Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Colorado state, federal, or local laws prohibit these reasons.

According to the Colorado Department of Labor and Employment, Colorado recognizes at-will employment because it promotes efficiency and flexibility in the employment context. Generally, this means that neither employer or employee has to give notice or reason for the termination of the employment.

Additionally, Colorado’s Labor Peace Act makes it a modified right-to-work state. Still, the statute requires a workplace to hold two elections and receive the approval of at least 75% of the employees before a company can become unionized. However, once unionized, a company can, but does not have to, make union membership a requirement for employment.

An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.

Discrimination

Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.

If you believe that you have been penalized or fired in Colorado  for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Colorado attorney can walk you through the process to help ensure the best possible outcome.

Retaliation

Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses. 

Under Colorado statutes, public and private-sector whistleblowers receive protections from retaliation. For public employees, any employee who provides or discloses information regarding illegal policies or actions not in the public interest must not face retaliation. Private-sector employees also receive protection from retaliation. However, they have to first provide information directly to their supervisor before disclosing it to an outside source.

There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.

What To Do If You’ve Been Wrongfully Terminated in Colorado

Have you been subject to wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the Colorado laws that your employer has to follow in your area.

Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.

According to the Colorado Department of Regulatory Agencies, you must file an employment complaint with the Colorado Civil Rights Division (CCRD) within 6 months from the act of discrimination. If between 6 months and 300 days pass, the CCRD may refer your charge to the Equal Employment Opportunity Commission for further investigation.

Step One: Gather Evidence

It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.

Step Two: Find an Attorney

Hiring an experienced Colorado wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Colorado employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.

Step Three: File a Complaint

If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.

The Colorado Civil Rights Division outlines the steps required to file a complaint with the CCRD. The first step is to complete an online intake inquiry questionnaire. Based on this information the CCRD may proceed with preparing a formal complaint of discrimination on your behalf. Keep in mind, there is no fee for filing a complaint with the CCRD.

Additionally, if you are filing with the Equal Employment Opportunity Commission (EEOC), the Denver Field Office handles complaints in Colorado. The Denver Field Office is part of the EEOC’s Phoenix District Office, which covers the states of Arizona, Colorado, Utah, Wyoming, and parts of New Mexico.

Why You Should Hire A Wrongful Termination Lawyer

Filing a wrongful termination lawsuit in Colorado can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to finally have someone listen helps to ease the burden they’ve been carrying.

We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced Colorado attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.

Our company charges no fees to connect you with the legal services you need. Some Colorado attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.

Are you ready to find a qualified Colorado attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Colorado state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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