Employees wrongfully terminated in Colorado have the right to take legal action against their former employer.
- Types of Illegal Termination in Colorado
- Types of Legal Termination in Colorado
- At-will Employment Exceptions in Colorado
- Filing a Discrimination Charge with the Equal Employment Opportunity Commission in Colorado
- Filing a Lawsuit Against Your Employer in Colorado
Workers wrongfully fired from jobs are under the protection of state and federal laws to prevent discrimination and retaliation-motivated dismissals. What is wrongful termination?
Employees experience unlawful termination if the employer has broken a law or violated employment rights by firing them.
Wrongful dismissal can result in financial consequences and emotional trauma. Terminated employees wrongfully fired in CO can file a claim to repair financial damages and seek justice.
Workers dealing with the negative effects of being wrongfully terminated from jobs must review their rights and employment laws before opening a case.
For more information on wrongful termination in Colorado and how to file a claim, examine the sections below.
Colorado Unemployment Resources
Types of Illegal Termination in Colorado
If employers commit one of the types of illegal termination of employment, terminated employees can rightfully take legal action against the wrongful firing. Many types of illegal terminations in Colorado prevent dismissal due to employer discrimination.
Types of illegal firing involve terminating employees based on characteristics of their race, gender, ethnicity, age, veteran status or disability.
If one of these types of illegal dismissal of employment applies to an employee’s experience, he or she has the right to file a claim. These types of unlawful terminations in CO break federal laws implemented to protect employees from the harmful effects of biased and unjust dismissal.
If an employer commits one of the aforementioned types of unlawful terminations from employment, the terminated worker can pursue a lawsuit for wrongdoing.
Types of Legal Termination in Colorado
There are types of legal dismissal of employment that exist and do not violate any federal or state laws. A few types of legal termination in Colorado include the closing of a business or the ending of an employment contract.
Employees also experience one of the types of legal firing if employers terminate them to a layoff or poor performance. If no discrimination or retaliation has occurred during your termination, the employer may have legally fired the employee, making him or her ineligible to seek legal action.
These types of legal termination of employment may feel sudden or unfair, but they are not against the law. If an employer has legal reasons for terminating employees in Colorado, they cannot file a claim against the former employer over wrongful dismissal.
At-Will Employment Exceptions in Colorado
Is Colorado an at will state? While at-will exceptions in Colorado exist, the state is an at-will employment state because it follows the at-will employment law. There are exceptions to at-will employment that the state observes to prevent the unlawful, malicious or biased dismissal of employees.
What is employment at will? At-will is a legal doctrine that allows both employer and employee to terminate a working relationship at any time. Employers can dismiss an employee for any legal reason or workers can resign. There are three exceptions to at-will employment. These exceptions include:
- The public-policy exception, which states an employer cannot fire an employee for reasons that violate a public policy.
- The implied-contract exception, which prohibits termination of an employee if an implied contract is in place, even if it is not in writing.
- The covenant of good faith and fair dealing exception, which requires all employers to act in good faith and treat employees fairly.
Note: The at will employment exceptions in Colorado that are actively recognized include the public-policy exception and the implied-contract exception.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Colorado
Terminated employees concerned with how to file a charge of employment discrimination will first need to file a claim with the Equal Employment Opportunity Commission (EEOC). When filing a charge of discrimination in Colorado, workers must complete the filing less than 180 days after the incident occurred or 300 days if the employer broke a state law.
Employees can file a wrongful termination discrimination charge with the EEOC by providing details of the claim to the local office by phone, mail, online or through an in-person visit.
Learning how to file an EEOC employment discrimination in CO is important if wrongfully terminated workers plan to take legal action against the former employer. Once filed, the EEOC will take 10 days to investigate and notify claimants if the case is valid or closed. EEOC may suggest mediation between the employee and employer to settle the case, which can take three months on average.
If mediation is not applicable, the EEOC may perform further investigations before attempting a settlement.
After former employees file a wrongful termination discrimination charge and a settlement is unsuccessful, the agency’s staff may pursue a lawsuit or give them the Notice of Right to Sue the employer. EEOC may also give employees the Notice of Right to Sue if it is inconclusive about whether a law has been broken and they decide not to pursue a court case.
Filing a Lawsuit Against Your Employer in Colorado
“Can I file a lawsuit for wrongful termination against my former employer?” is on the thoughts of wrongfully terminated employees. To file a lawsuit against your employer in Colorado, EEOC must grant you the Notice of Right to Sue.
If you are filing a wrongful termination claim against an employer in CO, your task will be to prove your cause of action and the discrimination or retaliatory dismissal you experienced.
Suing for wrongful termination in Colorado requires employees to present detailed evidence like witness testimonials and documentation. If you are wondering how to file a wrongful termination lawsuit successfully, the assistance of an attorney can be helpful.
Employees who want to file lawsuits against employers for wrongful termination usually find gathering of evidence and proving their case easier with the help of a lawyer.
Last Updated: October 18, 2022