Wrongful termination lawyers in Colorado help employees and employers resolve claims under labor law and employment law for discharge that violates the law. Federal and Colorado employment law prohibits employers from terminating employees under particular circumstances. Terminations that occur in violation of these laws constitute wrongful termination. Employees in Denver and other parts of Colorado have remedies under the laws prohibiting the firing for losses incurred by the wrongful discharge. If you believe you were wrongfully fired then you should contact wrongful termination lawyers in Colorado right away.
Colorado wrongful termination
Wrongful termination is a legal term with specific meaning. A termination from a job is wrongful when the motivation for the discharge arises from a reason prohibited by federal or Colorado law. Any firing that is not motivated by a prohibited reason will not create a case for wrongful termination in Colorado. The reason the employer fired you may be unfair, unreasonable, based on incorrect information, or simply based on nothing. Employers in an at-will state like Colorado can fire an employee for any reason not prohibited by law.
Federal and Colorado employment laws prohibiting wrongful termination
Federal and Colorado employment law prohibit employers from terminating employees for a limited range of reasons. These include (but not limited to) firing an employee for:
- Possessing a protected trait or characteristic under employment discrimination laws
- In retaliation for exercising a legal right at work like requesting FMLA leave
- Complaining about or reporting unlawful wage practices
- Participating in an investigation of employment discrimination or harassment claims
- Engaging in lawful activities outside of work protected by Colorado law
- Participating in duties related to service in the armed forces
- Engaging in lawful unionization activities
There is not a single wrongful termination statute under federal or Colorado law. Instead, each law prohibiting the discharge must specifically prohibit the act and must provide its own remedies. That means a plaintiff seeking relief for a wrongful termination must follow the procedures and meet the elements of a claim under each law allegedly violated. Knowing these processes and which laws apply can be difficult. Wrongful termination lawyers in Colorado can help assess your claims and guide you through those procedures.
In addition to statutory wrongful termination claims, an employee might have a wrongful termination claim under an employment contract. An individual contract or collective bargaining agreement may spell out reasons the employer may fire the employee. It may spell out procedures the employer must follow to fire the employee. Failure to comply with the contract can give the employee contractual claims for wrongful termination.
Wrongful termination lawyers in Colorado for employees
Many workers begin searching for wrongful termination lawyers in Colorado because they were fired and think the reason was unfair. The first thing an employment lawyer will do is consult with the potential client to determine whether there is a potential case. The employment lawyer will consider whether there is a statutory claim or a contractual claim. It may be the case that there is no legal basis for pursuing a lawsuit or other action for wrongful termination. The employee may still have a claim for unemployment benefits due to the discharge. The standard for a wrongful termination for unemployment benefits is different from a lawsuit. Your wrongful termination lawyer in Denver or other parts of the state can discuss your options based upon the facts of your case.