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United States Wrongful Termination Legal Questions answered by Lawyers

Browse our 1 legal question about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.

Wrongfully suspended from work
Employment & Labor Wrongful Termination
My job has me on suspension right now. And it's going on for a week. Since. I haven't heard from anyone. I work for a union company and. I'm disappointed with how they're handling my case. What advice can you give me? At this point, I'm under emotional stress and... Read more →
Lawyer answer by Nomos Legal Practice

Thank you and best regards, Kingsley Izimah, Esq. SK Solicitors

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1 answer

1. About Wrongful Termination Law in Aurora, United States

Wrongful termination in Aurora, Colorado involves claims that an employer fired or demoted an employee for illegal reasons or in violation of public policy. Although many employees are at-will, Colorado law provides important protections against unlawful termination. These protections cover discrimination, retaliation for protected activities, and other unlawful factors that contravene public policy.

In practice, a wrongful termination claim may allege discrimination based on protected characteristics, retaliation for reporting safety or wage violations, or retaliation for taking protected leave. Federal laws, such as Title VII and the Americans with Disabilities Act, also apply when the employer’s actions violate federal standards. Local enforcement and state-specific protections work alongside federal law to shape possible remedies and deadlines.

Residents of Aurora seeking guidance should understand that proving wrongful termination often requires showing the employer violated a statute, policy, or public policy, and that the termination was a substantial factor in unlawful motive. An attorney can help analyze evidence, preserve records, and determine the best path for remedy, whether through negotiation, administrative complaint, or court action.

Note: In many cases, filing deadlines and the availability of administrative remedies depend on whether the claim is pursued under state or federal law, and on whether a state agency handles the complaint first.

For authoritative guidance, see resources from federal agencies and Colorado state agencies that govern employment rights and remedies. See EEOC for federal protections and CCRD for Colorado protections.

2. Why You May Need a Lawyer

  • You were terminated after reporting a safety violation at an Aurora manufacturing site. You suspect retaliation for whistleblowing and want to explore legal remedies beyond unemployment benefits.

  • You filed a workers’ compensation claim and were fired soon after. This can indicate unlawful retaliation that may breach state or federal protections.

  • You believe your termination was based on a protected characteristic such as race, sex, religion, disability, or sexual orientation. A lawyer can analyze whether CADA or federal law applies and what relief is available.

  • You took leave under the Family and Medical Leave Act (FMLA) or a similar Colorado leave policy and were terminated for that absence. A lawyer can assess whether the timing and reasons show retaliation or illegal termination.

  • Your employer changed job duties or denied accommodations for a disability or pregnancy and then terminated you. This could involve discrimination or failure to provide reasonable accommodations under applicable law.

  • You are a salaried employee with a claim arising from an implied contract or a public policy exception to at-will employment recognized in Colorado courts. An attorney can evaluate the strength of such theories in your case.

3. Local Laws Overview

Colorado Anti-Discrimination Act (CADA) - Prohibits discrimination in employment based on protected characteristics and requires fair treatment in hiring, firing, and compensation. Enforced by the Colorado Civil Rights Division and relevant state agencies. This statute applies to private sector employment in Colorado, including Aurora, and coordinates with federal protections when applicable.

Title VII of the Civil Rights Act of 1964 - Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. Federal enforcement is handled by the U.S. Equal Employment Opportunity Commission (EEOC). In many cases, a claim may be pursued in federal court after agency investigation.

Family and Medical Leave Act (FMLA) - Provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons. Termination for exercising FMLA rights is prohibited, and violations may be pursued through the Department of Labor or in court with potential remedies for interference or retaliation. FMLA is a federal law administered by the U.S. Department of Labor.

Recent changes and practical notes - Colorado protections have evolved to cover updated definitions of protected classes and expanded meaningful accommodations. When addressing wrongful termination claims, it is important to determine whether state law or federal law governs, and which agency will handle the initial complaint. See official agency resources for current guidance and deadlines.

Key resources for the above laws and processes include federal and state agencies. For direct guidance, consult the U.S. Equal Employment Opportunity Commission and the Colorado Civil Rights Division pages.

EEOC provides information on federal anti-discrimination rights and how to file charges.

Colorado Civil Rights Division explains state-level protections, complaint processes, and relevant deadlines.

4. Frequently Asked Questions

What is wrongful termination in Colorado and Aurora?

Wrongful termination involves firing for illegal reasons, such as discrimination, retaliation for protected activity, or breach of public policy. At-will employment allows termination for lawful reasons, with exceptions for unlawful motives.

How do I know if my termination was illegal?

Consider whether the firing involved protected characteristics, retaliation for reporting violations, or a breach of leave rights. A lawyer can compare your facts to CADA and federal protections to determine viability.

When can I file a complaint after a termination?

Filing deadlines vary by law and agency. Colorado agencies often set timelines of several hundred days for discrimination claims; federal claims have shorter windows. A timely consultation helps preserve rights.

Where do I file a discrimination or retaliation complaint in Colorado?

You may file with the Colorado Civil Rights Division or the EEOC, depending on the claim and jurisdiction. The CCRD handles state law claims in many cases, while the EEOC handles federal claims.

Why should I hire a wrongful termination attorney?

A lawyer can assess the strength of your case, preserve evidence, and navigate administrative processes and court procedures. They can also help you understand potential remedies and timelines.

Can I sue for retaliation after reporting safety concerns?

Yes, retaliation for protected activities such as reporting safety concerns may violate both state and federal law. An attorney can determine the best path to remedies.

Should I file with the EEOC or the CCRD first?

Filing decisions depend on whether the claim is primarily federal or state; often, CCRD handles Colorado-based claims, and EEOC can coordinate with CCRD.

Do I need an attorney to file a complaint?

While you can file certain complaints yourself, an attorney improves the chance of accurate claims, timely filing, and better negotiation outcomes.

Is there a statute of limitations I should know about?

Yes, deadlines exist for both state and federal claims. Deadlines vary by law and agency, so an early evaluation is crucial.

How long does a typical wrongful termination case take in Aurora?

Administrative investigations can take several months, and court proceedings may extend to a year or more, depending on complexity and settlement outcomes.

What damages may I recover in a wrongful termination case?

Possible remedies include back pay, front pay, reinstatement, and compensation for emotional distress or attorney fees, depending on the claim and evidence.

What evidence helps my wrongful termination case?

Collect termination notices, emails, witness statements, performance reviews, and any documentation showing protected activity or discriminatory motive.

Can I pursue both state and federal claims at the same time?

Yes, in some situations you may pursue parallel claims. An attorney can coordinate strategy to maximize remedies and avoid conflicts.

5. Additional Resources

  • U.S. Equal Employment Opportunity Commission (EEOC) - Federal agency that enforces anti-discrimination laws and provides guidance on filing, investigation, and remedies. eeoc.gov
  • Colorado Civil Rights Division (CCRD) - State agency enforcing Colorado anti-discrimination laws; handles state level complaints and outreach in Colorado communities, including Aurora. colorado.gov
  • U.S. Department of Labor - Wage and Hour Division (WHD) - Enforces provisions related to minimum wage, overtime, and certain leave-related protections under federal law. dol.gov

6. Next Steps

  1. Gather all relevant documents within 1 week. Collect termination letters, performance reviews, emails, and notes of conversations.

  2. Identify potential protected bases and preserve electronic evidence within 1-2 weeks. Save messages and calendar entries showing timelines and leave requests.

  3. Consult a wrongful termination attorney in Aurora for a 30-60 minute intake. Prepare a concise timeline and a list of questions for the lawyer.

  4. Determine deadlines and which agency handles your claim. Confirm with the lawyer whether to file with CCRD, EEOC, or both within 2-4 weeks after intake.

  5. Obtain a case assessment and fee agreement. Expect a written plan outlining potential remedies and a rough timeline for the next 3-6 months.

  6. File the appropriate administrative complaint and prepare for potential settlement negotiations. Court proceedings, if needed, may start after months of agency work.

  7. Follow the lawyer’s guidance on discovery, settlement, and trial readiness. Reassess strategy if new evidence emerges or regulations change.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.