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 the 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 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 the employer nor the 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 protection 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.
Some states 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 of 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
Gathering evidence is crucial, even if it seems minor. Ideally, you began collecting information as soon as you suspected your employer might wrongfully terminate you. If you still have access to your workspace or work email, use that opportunity to gather relevant documents. However, be careful to respect any employment agreements or confidentiality obligations to avoid potential legal 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, that 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 speak with an experienced lawyer in your area!
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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