Best Wrongful Termination Lawyers in Colorado
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About Wrongful Termination Law in Colorado, United States
Wrongful termination occurs when an employee is fired or laid off from their job for unlawful reasons or in violation of their workplace rights. Colorado, like most states, follows the doctrine of "at-will" employment, which generally means employers or employees can end employment at any time, with or without cause. However, there are important exceptions. An employer cannot terminate someone for illegal reasons, such as discrimination, retaliation for whistleblowing, or violating established employment contracts. If you believe you've been let go unlawfully, you may be able to pursue legal remedies under Colorado and federal law.
Why You May Need a Lawyer
Many wrongful termination situations are complex and difficult for individuals to navigate on their own. You might need a lawyer if:
- Your employer fired you due to your race, sex, age, disability, religion, or other protected characteristics.
- You were retaliated against after reporting illegal activity, unsafe conditions, sexual harassment, or other wrongdoing in the workplace.
- You had an employment contract that limited the reasons for your termination, and the employer did not follow those terms.
- Your employer fired you in violation of public policy, such as for serving on a jury or taking family medical leave.
- Your employer made false accusations to justify your firing, or tried to coerce you into resigning.
Local Laws Overview
In Colorado, wrongful termination laws are shaped by federal and state rules. Key factors include:
- Colorado is an at-will employment state, but firings must not breach federal or state anti-discrimination laws.
- The Colorado Anti-Discrimination Act (CADA) provides protections against employment discrimination based on race, color, national origin, ancestry, sex, sexual orientation, gender identity, creed, age, disability, and marriage status.
- Retaliation against employees for exercising their legal rights, such as filing a wage claim or reporting discrimination, is prohibited by law.
- Termination is illegal if it violates public policy, for example, firing an employee for refusing to break the law or for reporting illegal activities.
- Some employees may be protected by written, oral, or implied employment contracts, company handbooks, or policies.
- The Equal Employment Opportunity Commission (EEOC) investigates federal law violations, while the Colorado Civil Rights Division (CCRD) covers state-level claims.
Frequently Asked Questions
What qualifies as wrongful termination in Colorado?
Wrongful termination in Colorado occurs when an employee is fired for discriminatory reasons, retaliation, breach of contract, or in violation of public policy. It does not cover general unfairness or disagreements unrelated to these protected categories.
Is Colorado an at-will employment state?
Yes, Colorado is an at-will employment state, meaning employers can dismiss employees without cause. However, at-will employment is limited by anti-discrimination laws, contracts, and public policy exceptions.
What should I do if I think I was wrongfully terminated?
Document everything related to your employment and termination, including emails, performance reviews, contracts, and any communications with your employer. Speak with a qualified employment attorney or contact the Colorado Civil Rights Division to understand your options.
How long do I have to file a wrongful termination claim in Colorado?
Deadlines vary based on the violation. For discrimination claims under CADA, you generally have 300 days from the termination date to file with the Colorado Civil Rights Division. Contract and public policy claims often have longer or different statutes of limitations. Consult a lawyer for guidance.
Can my employer fire me for reporting unsafe working conditions?
No, Colorado law prohibits retaliation against employees who report unsafe or illegal working conditions. Firing someone for whistleblowing is a form of wrongful termination.
Does my employer need a reason to fire me?
Not usually, since at-will employment allows for termination without cause. However, terminations based on illegal reasons such as discrimination, retaliation, or contract violations are not allowed.
What if I had an employment contract?
A contract may limit your employer's ability to fire you. If your agreement specifies reasons for termination or a process that was not followed, you may have a wrongful termination claim for breach of contract.
How do I prove my termination was wrongful?
You will need evidence such as documentation of discrimination, proof of retaliation, employment contracts, or communication that suggests the real reason for your firing was unlawful. An employment attorney can help gather and present this evidence.
What remedies are available if I win my case?
Remedies might include reinstatement to your former job, compensation for lost wages and emotional distress, punitive damages, and changes to your employer's policies or practices.
Do I need a lawyer to file a wrongful termination claim?
You are not required to have a lawyer, but navigating these claims can be complex. An experienced employment attorney can greatly increase your chances of a successful outcome and ensure your rights are protected.
Additional Resources
If you need more information or assistance, consider these resources:
- Colorado Civil Rights Division - Investigates claims of wrongful termination due to discrimination or retaliation under state law.
- Equal Employment Opportunity Commission (EEOC) - Handles federal discrimination and retaliation complaints.
- Colorado Department of Labor and Employment - Provides information about workers' rights and wage claims.
- Legal Aid of Colorado - Offers legal resources and sometimes free representation for qualifying individuals.
- Local bar associations - Often provide lawyer referral services and information about employment law attorneys in your area.
Next Steps
If you suspect you have been wrongfully terminated in Colorado, take the following steps:
- Gather all documents related to your employment, including your termination letter, employee handbook, contracts, and any relevant correspondence.
- Write down your recollection of events leading up to your termination, including dates, times, and names of those involved.
- Contact an employment lawyer who specializes in wrongful termination to review your case and advise you on your rights.
- Consider filing a complaint with the Colorado Civil Rights Division or EEOC, depending on your situation and based on your lawyer's advice.
- Do not delay - legal deadlines can limit your ability to take action.
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.