Wrongful Termination in Colorado

Wrongful Termination in Colorado

Employers in Colorado have considerable flexibility when it comes to hiring and firing, but there are clear legal limits. A dismissal becomes wrongful when it violates state or federal law, or when it breaches the terms of an employment contract. If you were let go under unlawful circumstances, a wrongful termination attorney can explain your rights and help you take action.

Colorado law specifically prohibits firings that go against public policy, such as dismissing an employee for serving on a jury. Employers also cannot terminate workers in violation of contract terms. 

The National Conference of State Legislatures notes that Colorado even recognizes implied contracts in certain circumstances. For example, if a company consistently overlooks lateness, that pattern may create an implied agreement regarding casual work hours. However, Colorado does not recognize an implied covenant of good faith in situations without contracts.

Types of Wrongful Termination

Colorado workers may face wrongful termination in many different situations. In some cases, an employer acts deliberately; in others, the employer may simply misunderstand labor law. Large organizations often rely on HR staff to limit liability, but smaller businesses sometimes make mistakes. If you believe you were unlawfully dismissed, the best step is to consult an attorney who can review your case. Below are several warning signs to be aware of.

Limitations of At-Will Employment

Colorado follows the at-will employment model, which allows either employers or employees to end the relationship at any time and without notice. However, this rule does not give employers a license to violate discrimination or retaliation laws. State, federal, and local protections still apply.

The Colorado Department of Labor and Employment explains that at-will employment is designed to provide efficiency and flexibility. Even so, exceptions exist. Colorado’s Labor Peace Act makes the state a modified right-to-work jurisdiction. To unionize, a company must hold two separate elections and secure 75% employee approval. Once a union is established, membership requirements may vary by agreement. 

Importantly, employers also cannot retaliate by firing employees who report illegal conduct. If your termination falls into one of these categories, you may have grounds for a lawsuit.

Discrimination

Discrimination remains one of the most common forms of wrongful termination. Employers may not fire employees based on protected characteristics such as race, religion, sex, national origin, pregnancy, disability, ethnicity, or age. 

If you believe your termination was discriminatory, you may file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD). An experienced Colorado employment lawyer can guide you through this process and help strengthen your case for the best possible result.

Retaliation

Colorado law also protects employees from being fired in retaliation for certain activities. These include requesting medical leave, reporting harassment, filing an EEOC complaint, or participating in an internal investigation. Dismissing an employee for exercising these rights is unlawful.

Whistleblower protections in Colorado cover both public- and private-sector workers. Public employees cannot be retaliated against for reporting misconduct that violates the public interest. Private employees also enjoy protections, but must first report concerns to a supervisor before disclosing them externally. 

Beyond whistleblowing, employees are also protected when fulfilling civic duties like voting, serving on a jury, or completing military service. Reporting workplace safety or environmental violations also carries retaliation safeguards.

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

If you were unlawfully terminated, you may be entitled to reinstatement, back pay, damages, or other remedies. Because definitions and procedures can differ depending on your situation, it is important to consult an attorney who understands Colorado employment law. A lawyer can review your case and outline your best options.

Act quickly—deadlines apply. The Colorado Department of Regulatory Agencies requires discrimination complaints to be filed with the Colorado Civil Rights Division within six months. If more than six months but fewer than 300 days have passed, your case may be referred to the EEOC. Waiting too long can prevent you from pursuing your claim, so timely action is critical.

Step One: Gather Evidence

Collect all records that may support your claim. This includes contracts, emails, performance reviews, or notes from conversations with supervisors. If you still have access to your workspace or work email, retrieve important documents while respecting confidentiality agreements. The more thorough your evidence, the stronger your attorney’s case will be.

Step Two: Find an Attorney

Employment laws in Colorado are detailed and often change. Working with a wrongful termination attorney who focuses on this area ensures you have knowledgeable guidance. A lawyer can assess your case, explain your rights, and prepare your claim effectively.

Step Three: File a Complaint

If you have not yet hired an attorney, the EEOC offers a self-evaluation tool to help employees decide whether to file a claim. Still, having legal representation makes this process much easier. An attorney can draft the complaint, notify your employer, and guide you through the resolution process. Many disputes are resolved through settlement before they ever reach trial.

In Colorado, complaints can be filed with the CCRD by completing an online intake questionnaire. If warranted, the CCRD will prepare a formal discrimination complaint on your behalf. 

There is no fee for filing with the CCRD. If you pursue your claim through the EEOC, the Denver Field Office handles cases for Colorado and works under the Phoenix District Office.

Why You Should Hire a Wrongful Termination Lawyer

Facing wrongful termination is stressful and often overwhelming. An attorney not only provides legal representation but also helps you understand your rights and navigate the claims process. Having an advocate on your side can bring reassurance during a difficult time.

Are you ready to move forward? Submit a request online or call us today at (866) 345-6784 to connect with an experienced Colorado wrongful termination lawyer. We can even help you connect with an attorney across Colorado state lines.

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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