Colorado wrongful termination laws prohibit employers from firing employees for particular reasons. These reasons often involve prohibiting employment discrimination and retaliation for exercising legal rights in the workplace. Employees who believe they were fired for unlawful reasons should contact a Denver employment lawyer to discuss Colorado wrongful termination laws to determine whether they have a case.
Wrongful termination laws in Colorado
Colorado wrongful termination statutes protect employees from several motivations for wrongful discharge. Federal and Colorado employment law does not contain a single wrongful termination statute covering all situations. Instead, individual labor and employment laws include wrongful termination provisions. Cases pursuing claims under those statutes must comply with the statutory requirements for each individual statute. For example, a wrongful termination claim under the Americans with Disabilities Act must meet that statute’s requirements and follow its procedures.
Typically wrongful termination cases come from three statutory protections:
- Terminations motivated by an unlawful form of employment discrimination
- FIring an employee for exercising an employment right like FMLA leave
- Firing an employee in retaliation for reporting or participating in a proceeding of an alleged illegal employment act.
Employees may have claims for Colorado wrongful termination based upon federal and state laws. Some employment statutes require employees to complete processes or exhaust other remedies before filing a lawsuit. Determining which employment laws and which procedures should be followed can be complex questions. A Colorado employment lawyer can help navigate these issues.
Wrongful termination and unemployment benefits in Colorado
Wrongful termination is a legal term that carries specific meaning. To sue an employer for a wrongful discharge claim you must prove the employer terminated the employee in violation of a statute or contractual provision. A firing that is otherwise unfair or based on bad information is unlikely to create a good case for wrongful termination. Employers are allowed by law to make bad decisions as long as the bad decision is not specifically barred by statute or a contract between employer and employee.
When an employee is fired for a bad reason that does not violate an employment law or contract then the employee’s remedies are often limited. The employee may have a claim in Colorado for unemployment benefits due to the reason the employer ended the employment relationship. Unemployment benefits in Colorado arise from a separate administrative system from wrongful termination lawsuits. The reasons the administrative system may determine a termination entitles the employee to unemployment benefits may differ from statutes allowing wrongful termination lawsuits. An employee might have a claim for unemployment but also have a case for a Colorado wrongful termination lawsuit.
If you believe you suffered a wrongful termination you should talk to a Colorado employment lawyer ASAP. Employment law claims like wrongful termination often require employees to act within a brief period of time.
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