Wrongful termination is an unfortunate reality that can disrupt lives and careers. In Denver, as well as the broader state of Colorado, there are specific laws designed to protect employees from unfair dismissal. Understanding what constitutes wrongful termination is essential for any employee who feels they were dismissed unfairly.
Legal Framework for Wrongful Termination in Denver
In Colorado, most employment relationships are “at-will.” This means that employers can terminate employees for nearly any reason—or no reason at all—without facing legal repercussions. However, this does not give employers unrestricted power. There are critical exceptions to the at-will doctrine that make certain types of terminations unlawful.
Wrongful termination occurs when an employer violates state or federal laws, breaches an employment contract, or dismisses an employee for reasons that go against public policy. For instance, firing someone because of their race, gender, age, religion, disability, or other protected characteristic is strictly illegal. Additionally, employees are shielded from retaliation if they report misconduct or exercise their legal rights, such as taking family leave or requesting accommodations for a disability.
Federal laws like the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) set a baseline for employee protections. Colorado also has its own employment laws that expand on these protections, ensuring that workers in Denver and throughout the state have avenues for recourse if they are wrongfully dismissed.
Common Examples of Wrongful Termination
To better understand what wrongful termination looks like, let’s examine some real-world scenarios where an employee’s dismissal might be deemed unlawful:
Discrimination: Employers cannot terminate employees based on characteristics protected by law, such as race, sex, age, or religion. For example, dismissing an older worker in favor of a younger, less experienced candidate could be seen as age discrimination.
Retaliation: If an employee reports unsafe working conditions, files a harassment claim, or acts as a whistleblower to expose illegal activities, their employer cannot retaliate by firing them. Retaliatory termination is a common basis for wrongful dismissal claims.
Violation of Protected Leave: Employees who take leave under the FMLA or require accommodations under the ADA are protected by law. Terminating an employee for utilizing these rights is prohibited.
Breach of Contract: If an employer dismisses an employee in violation of the terms outlined in an employment contract, the termination may be deemed unlawful. Contracts that specify conditions for termination must be adhered to.
Public Policy Violations: Employees cannot be fired for refusing to engage in illegal activities or for exercising a right recognized by public policy, such as serving on a jury or voting.
How Denver’s Employment Laws Define Wrongful Termination
Denver residents benefit from both federal and state protections against wrongful termination. In addition to federal laws, Colorado has specific statutes addressing issues such as wage theft, workplace safety, and whistleblower protections. For example, the Colorado Anti-Discrimination Act (CADA) provides robust safeguards against workplace discrimination.
In some cases, local laws offer even greater protections than federal statutes. For instance, Colorado’s Equal Pay for Equal Work Act requires transparency in pay practices, and violations may lead to termination disputes if an employee is dismissed after raising concerns about wage discrimination. Understanding these laws is critical for employees who feel they were unfairly treated.
Employers in Denver are expected to follow not only federal guidelines but also the nuanced requirements of Colorado employment law. Ignorance of these rules is not an excuse, and employees who suspect their rights were violated should not hesitate to take appropriate action.
Steps to Take If You Suspect Wrongful Termination
If you believe your dismissal falls into one of the categories described above, there are several steps you can take to protect yourself and seek justice:
Review Your Employment Contract: If you had a formal employment agreement, carefully examine its terms. Contracts often outline specific reasons for termination and procedures that must be followed.
Document Everything: Gather evidence related to your termination, including emails, performance reviews, and any communications with your employer. Detailed documentation can strengthen your claim.
Consult a Legal Professional: Employment attorneys specialize in wrongful termination cases and can provide critical guidance. They will assess the facts of your case and help you understand your options.
File a Complaint: Depending on the circumstances, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC), the Colorado Civil Rights Division (CCRD), or another relevant agency.
Seek Compensation: If your case is successful, you may be entitled to compensation for lost wages, emotional distress, and other damages. Your attorney can help you pursue the appropriate remedies.
Acting quickly is essential, as there are strict deadlines for filing complaints and taking legal action. Delays could impact your ability to pursue your claim.
Why Wrongful Termination Protections Matter
The legal protections against wrongful termination are crucial for maintaining fair and ethical workplace practices. Employees who feel secure in their rights are more likely to report misconduct, stand up against discrimination, and advocate for better working conditions. These laws also hold employers accountable, ensuring that businesses treat their workers with respect and integrity.
Denver’s employment laws aim to create a balance of power in the workplace, preventing employers from exploiting their authority. By protecting employees from wrongful termination, these laws contribute to a healthier and more equitable work environment for everyone.
How an Employment Attorney Can Help
While understanding your rights is the first step, navigating the complexities of employment law can be overwhelming. This is where an experienced attorney can make all the difference. An employment lawyer can evaluate your case, explain your options, and represent your interests in legal proceedings.
For instance, if your employer claims your dismissal was performance-related, an attorney can help you gather evidence to prove otherwise. They can also negotiate on your behalf to secure a fair settlement, ensuring you receive the compensation you deserve.
Contact Downey & Associates Today if You’ve Been Wrongfully Terminated
If you suspect your termination was unlawful, don’t wait to take action. Every day that passes could make it harder to build your case or recover damages. Start by reaching out to a trusted legal professional who can help you understand your rights and guide you through the process of seeking justice.Our employment law attorneys specialize in helping employees with wrongful termination claims. If you have questions or believe your rights were violated, contact us today. We are committed to providing the personalized support and expert guidance you need to protect your interests.
Have you ever wondered how safe your current (or a prospective) workplace really is? Well, the U.S. Occupational Safety and Health Administration (OSHA) has recently enacted a new compliance measure, requiring roughly 750,000 employers (which operate about 1.5 million workplaces) to submit detailed annual reports regarding work-related injuries and illnesses online as of 2017. This new rule is reportedly set to take effect this month.
The New OSHA Rule: A Look at the Details & Requirements
According to the new OSHA reporting rule, businesses that have more than 250 employees and/or at least 20 employees in high-risk positions are required to file these online reports every year.
The new rule also includes provisions stipulating that:
Employers that try to retaliate against “whistleblowers” or employees who report employers' violations of OSHA requirements will be subject to penalties.
Reporting safety data to OSHA will only have to occur on an annual basis (rather than a quarterly basis).
Prior to making any employer report available online, all sensitive and personal information will be stripped or blacked out of these reports.
States that have their own occupational safety and health laws must incorporate “substantially identical” requirements for online injury and illness reporting. These measures must be adopted within six months.
Pros and Cons of Reporting Workplace Injuries and Illnesses
OSHA officials are hopeful that this new reporting rule will improve workplace safety across the U.S. - and enhance employers' compliance with OSHA regulations (due to the increased transparency).
There are, however, various critics of this rule. These critics contend that:
The new rule for publishing workplace injuries and illnesses online would lead to public shaming of employers and blame for injuries, illnesses or accidents that are sometimes out their control.
Data on injuries and illnesses is already being tracked by companies and shared with OSHA during regular inspections or surveys.
The new rule could bring new (and more) enforcement actions against employers, which could, in turn, impact company wellness incentive programs and drug-testing policies for injured workers.
Opposing these critics, labor unions and organizations generally embrace the new rule. As Christine Owens, executive director at the National Employment Law Project, has explained:
More than 4,800 workers were killed on the job in 2014; almost 3 million more suffered serious injuries... This is an unconscionable toll of workplace disease and death for a 21st-century economy, and OSHA must do all it can to improve the safety and health of America’s workers.
For experienced, effective representation in an employment law or other business dispute, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC have been providing exceptional representation for various business legal issues, including those related to OSHA compliance issues, contract negotiations, and corporate governance issues.
Our dedication to our clients, coupled with our extensive experience handling complex matters of corporate and real estate law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
Call our Denver business attorney today at (303) 813-1111, or email our firm using the contact form on this page.
From law offices based in Centennial, we serve clients throughout Colorado and the U.S.
In many cases, offers of employment are “at-will,” meaning that an employer can – at any time – end the relationship and let an employee go without cause or reason. Despite this fact, however, there are cases in which firing a person from his job may be illegal and, as a result, the wrongfully terminated person may be able to file a lawsuit against his employer.
In this blog series, we will highlight some of the specific grounds for wrongful termination lawsuits, as well as some of the important factors that people should keep in mind when they may be considering moving forward with such a lawsuit. While the discussions herein are general, you can easily obtain more specific info and professional advice regarding your case by meeting with Denver Wrongful Termination Lawyer Thomas E. Downey.
Common Grounds for Wrongful Termination Lawsuits
1. Discrimination
Although employers may legally let employees go from their jobs for no reason (when employment is “at will”), it is against federal and state laws to fire someone because of their race, ethnicity, country of origin, gender or sexual orientation, age and/or disability. When such discriminatory practices are the basis of terminating a person’s employment, that person:
Will likely have a wrongful termination case
May be required to file and official complaint with the Equal Employment Opportunity Commission (EEOC)
Because proving discrimination can be complicated and challenging – particularly when these cases may come down to an employee’s word against an employer’s story, it’s crucial to retain an experienced lawyer like Denver Wrongful Termination Lawyer Thomas E. Downey to advocate your rights in discrimination-based wrongful termination lawsuits.
2. Breaches of written or oral contracts
When employers have entered into written or oral contracts with employees for a term of employment, they are legally required to honor these contracts, and firing the employee who is a party to such a contract may constitute a violation (or “breach”) of these contracts.
For instance, an employer may enter into a contract with an employee that stipulates that the employee will be guaranteed a full-time job for a certain period of time. If the employer ends up firing the employee before this period of time is up, this will likely result in a breach of the employment contract (whether that contract is written or expressed) and can, consequently, be the basis of a wrongful termination lawsuit against the employer.
3. Retaliation against employees for exercising their rights
As we discussed in detail in a previous blog series, employees have certain rights in the workplace, including (but not limited to) the right to privacy, the right to a safe work environment and the right to blow the whistle on illegal actions of an employer. If or when employees choose to exercise their whistleblowing rights and report an employer to OSHA or some other authority for violating the law, it is illegal for the employer to fire that employee for making such reports.
Should employers ignore this fact and fire an employee as retaliation for blowing the whistle on some violation (such as a safety violation), that employee will likely have a wrongful termination claim and can sue his employer for various damages.
4. Firing an employee for taking legally permitted time off of work
By law, employees are permitted to take time off of work for medical leave, military obligations and certain other reasons. When employees exercise this right and end up being fired as a result by their employers, they can sue for wrongful termination.
5. An employer’s failure to follow certain procedures prior to firing an employee
Some employers may have specific procedures for taking disciplinary actions against employees prior to firing them; in many cases, these procedures are detailed in employee handbooks (or wherever an employer keeps official records of the company’s procedures, rules, etc.).
For example, an employer may stipulate that, as part of company policy, an employee who violates the rules will first get an oral warning; for subsequent violations, an employee may get written up and may have two chances to clean up his act prior to facing the possibility of being fired.
When such disciplinary policies are in place but employers fail to follow them (and, instead, fire an employee without any warning or appropriate disciplinary actions being taken ahead of time), this can be grounds for a wrongful termination lawsuit against the employer.
Additional Factors to Know about Wrongful Termination Lawsuits
While people considering moving forward with wrongful termination lawsuits will need to have a specific ground to file this case, they should also be aware of the following factors:
Different wrongful termination lawsuits may be resolved in different ways – Depending on the specific grounds of a wrongful termination case, these lawsuits may be resolved through very different proceedings, such as mediation, arbitration, etc.For instance, the terms of a contract between an employer and employee may stipulate that any disputes between these parties must first go to mediation prior to trial. In other cases, there may be no such terms, and a case may go directly to trial.The bottom line here is that it’s best to consult with an experienced lawyer to find out more about what you should expect in terms of the upcoming legal process necessary for resolving your case.
Various damages may be available to the wrongfully terminated person – In the event that employees win wrongful termination lawsuits, their settlements in these cases can include damages for various types of losses (depending, of course, on the specifics of their case).Some of the more common types of damages included in wrongful termination settlements include (but are not limited to) compensation for back pay, front pay, and attorney’s fees. In addition to such compensatory damages, it may also be possible to request and receive punitive damages as part of wrongful termination settlements.
Denver Wrongful Termination Lawyer at Downey & Associates, PC
Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their employment-related legal issues. Our dedication to our clients, coupled with our extensive experience handling complex matters of employment law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
A choice to work with our Denver wrongful termination attorney can give you confidence that, at every stage of your case, your claim will be handled with expert care and attention and that we will work diligently to help you resolve your case as favorably and efficiently as possible.
Contact Us Today
We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Downey & Associates PC represents clients in Denver and in the surrounding Colorado communities including Englewood, Littleton, Aurora, Greenwood Village, Broomfield, Boulder, Westminster, Fort Collins, Colorado Springs, Adams County, Denver County, Arapahoe County, Douglas County, Jefferson County, Boulder County, Larimer County and El Paso County.
