Wrongful termination in Colorado is a serious issue that impacts employees statewide. Losing a job can be stressful, especially when you believe your dismissal was unfair or illegal. Understanding wrongful termination and your rights under Colorado law is essential to seek justice and protect yourself.
Colorado operates as an at-will employment state, meaning employers can terminate employees for any reason or no reason at all. However, this rule has exceptions. Wrongful termination claims arise when employers violate state and federal laws that protect employees from discrimination, retaliation, and other illegal practices. This guide will clarify what wrongful termination means, highlight your legal options, and provide actionable strategies to protect your rights.
Let’s dive into the key aspects of Colorado’s employment laws and how they relate to wrongful termination. Below, we’ll be addressing the most important questions that arise in a wrongful termination case.
What qualifies for wrongful termination in Colorado?
Wrongful termination in Colorado occurs when an employer fires an employee in violation of federal or state laws, a contractual agreement, or public policy. Specific situations that qualify for wrongful termination include:
Discrimination: Employers cannot fire employees based on race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, pregnancy, or other protected characteristics under federal and state law.
Retaliation: An employer cannot fire an employee for engaging in protected activities, such as reporting illegal activities (whistleblowing), filing a complaint about workplace discrimination, or taking time off under the Family and Medical Leave Act (FMLA).
Violation of Public Policy: Employees cannot be fired for refusing to engage in illegal activities, reporting unlawful conduct, or exercising their legal rights.
Breach of Contract: If an employee has a written or implied contract that specifies conditions for termination, firing the employee in violation of these terms may constitute wrongful termination.
Failure to Follow Procedures: If an employer has established rules for firing employees (e.g., progressive discipline steps) and fails to follow those procedures, this may also result in wrongful termination.
What are the odds of winning a wrongful termination lawsuit?
The odds of winning a wrongful termination lawsuit depend on several factors:
Strength of Evidence: The more evidence you have (emails, documents, recordings, witness testimony), the higher your likelihood of success. Clear documentation of discriminatory remarks or retaliation strengthens your case.
Type of Claim: Claims based on discrimination or retaliation tend to be easier to prove if you have strong evidence. Claims based on more ambiguous grounds may be harder to win.
Legal Expertise: Hiring an attorney specializing in employment law is crucial. Many wrongful termination cases require a deep understanding of federal and state laws.
Jurisdiction: Colorado has specific protections for employees, so if you file a claim within the state, your chances of success may depend on how well your case aligns with those protections.
Typically, lawsuits with strong evidence and legal counsel stand a better chance of success, but no outcome is guaranteed.
What are the termination rules in Colorado?
Colorado is an at-will employment state, meaning an employer can fire an employee for any reason, at any time, unless the reason is illegal. However, there are exceptions:
Discrimination: Employers cannot fire employees based on race, religion, gender, age, or other protected categories.
Retaliation: Employees cannot be fired for engaging in whistleblowing activities or reporting violations such as fraud or safety concerns.
Breach of Contract: If an employee has a contract (e.g., a union agreement or written employment contract), the employer must follow the terms outlined in that contract.
Public Policy Violations: Employees cannot be fired for refusing to engage in illegal activities or for exercising certain legal rights (e.g., taking medical leave).
In short, Colorado follows the at-will employment doctrine, but wrongful termination can occur if an employer violates any of these exceptions.
What justifies wrongful termination?
Wrongful termination happens when an employer fires an employee for reasons that violate laws or contractual agreements. Justifications include:
Discrimination: Firing based on race, gender, disability, or other protected classes under federal or state law.
Retaliation: Terminating someone for reporting harassment, discrimination, filing a complaint, or asserting a legal right, like taking medical leave.
Breach of Contract: If an employment contract specifies how and when an employee can be terminated, firing an employee without adhering to these terms may lead to wrongful termination.
Violation of Public Policy: Firing an employee for refusing to participate in illegal activities or for reporting illegal actions can justify wrongful termination.
If any of these conditions apply, they may support a wrongful termination claim.
How do you win wrongful termination cases?
Winning a wrongful termination lawsuit requires several steps:
Gathering Evidence: Document everything that supports your claim, including emails, performance reviews, or witness statements. This can significantly impact the outcome.
Proving Discrimination or Retaliation: If your firing was based on discrimination or retaliation, you must show that the termination was due to illegal factors. This might involve providing evidence that others in similar positions were treated differently.
Demonstrating Breach of Contract: If your termination violated the terms of a contract (e.g., requiring written notice or a progressive disciplinary procedure), this could strengthen your case.
Legal Representation: Hiring an experienced employment attorney is essential for presenting a strong case. They can assist with gathering evidence, provide advice on the likelihood of success, and guide you through the legal process.
Following Deadlines: It’s critical to file necessary paperwork on time and follow legal procedures when filing a wrongful termination claim.
Can I sue my job for firing me?
Yes, you can sue your employer if you believe your firing was illegal. Grounds for suing include:
Discrimination: If you were fired due to race, sex, age, or other protected characteristics.
Retaliation: If your firing followed a complaint about discrimination, a report of illegal conduct, or taking a protected leave (like family medical leave).
Breach of Contract: If your termination violated the terms of a written or verbal contract that outlined termination procedures.
Violation of Public Policy: If your employer fired you for engaging in a legally protected activity, such as reporting unsafe work conditions or refusing to participate in illegal actions.
Before pursuing a lawsuit, it’s a good idea to consult an attorney to ensure your case has merit.
Is it expensive to sue for wrongful termination?
The cost of suing for wrongful termination varies, but many attorneys work on a contingency fee basis, meaning they only get paid if you win. This makes it more affordable to pursue a case, as you won’t need to pay upfront legal fees. Potential costs include:
Court Fees: Filing a lawsuit typically incurs small fees for processing and paperwork.
Expert Witnesses: Some cases may require expert witnesses to help prove your claim, which can increase costs.
Legal Expenses: Some law firms may charge additional fees for research, investigations, and trial preparation.
Overall, hiring a lawyer on a contingency basis can make pursuing a case more affordable, but you should be prepared for some out-of-pocket costs.
Which example would most likely result in a wrongful termination?
Examples of situations that could lead to a wrongful termination claim include:
Firing for Reporting Discrimination: If you report harassment or discrimination and are fired as a result, this constitutes retaliation and is a valid reason for a wrongful termination suit.
Firing Based on Gender: If you are terminated solely due to your gender or other protected characteristics, this constitutes discrimination.
Firing for Refusing to Engage in Illegal Activity: If you are fired for refusing to break the law, such as participating in unethical practices or reporting illegal activities, this could lead to a wrongful termination claim.
Firing in Violation of an Employment Contract: If your contract outlines termination conditions and the employer doesn’t follow those terms, it could result in wrongful termination.
How often are wrongful termination suits successful?
The success of wrongful termination lawsuits depends on the strength of the claim and evidence. Factors affecting success rates include:
Strong Evidence: Claims supported by clear documentation (e.g., emails, performance reviews) or witness testimony have a higher chance of success.
The Nature of the Case: Discrimination, retaliation, and contract violations often lead to higher success rates when proven.
Legal Counsel: Working with an experienced attorney specializing in wrongful termination increases the likelihood of success.
Settlement: Many cases are settled before going to trial, and settlements often provide favorable outcomes for the employee.
While wrongful termination cases with strong legal backing are more likely to succeed, success is never guaranteed.
Can you get unemployment benefits for being fired in Colorado?
In Colorado, you can receive unemployment benefits after being fired, depending on the circumstances:
Eligibility for Unemployment: You may qualify if you were fired due to poor performance, workforce reductions, or reasons other than misconduct.
Ineligibility for Unemployment: If you were fired for misconduct, such as violating company policies or engaging in unethical behavior, you may be disqualified from unemployment benefits.
Appealing Denial: If your unemployment claim is denied, you have the right to appeal the decision. You can request a hearing to explain your side and present evidence.
It’s important to file for unemployment benefits to determine if you qualify based on your situation.
Does Colorado require a termination letter?
Colorado law does not require employers to provide a termination letter. However, many employers issue one for the following reasons:
Documentation: A termination letter provides formal documentation of the employee’s termination and the reasons for it.
Legal Protection: A letter can protect both the employer and employee by clearly outlining the cause of termination, which can be important if the termination is later disputed.
Contractual Requirements: If your employment contract specifies that a termination letter must be issued, the employer must comply.
Even if not required, it’s a good idea to request a termination letter for clarity and record-keeping purposes.
How Do You Win a Wrongful Termination Case?
Winning a wrongful termination case requires thorough preparation and a solid understanding of Colorado employment law.
Steps to Strengthen Your Case:
Gather Evidence: Collect emails, performance reviews, and termination letters.
Consult Legal Counsel: An experienced attorney can guide you through the legal process.
File a Claim: Submit your complaint to the Colorado Civil Rights Division or EEOC if discrimination is involved.
Prepare for Legal Action: Your attorney will help you build a case, including potential remedies like lost wages and emotional distress damages.
Taking these steps improves your chances of success and ensures you protect your rights.
Colorado Laws Protecting Against Wrongful Termination: An In-Depth Overview
Understanding wrongful termination laws in Colorado is essential for both employees and employers. While Colorado is an at-will employment state, various state and federal laws protect employees from unlawful terminations. Below, we’ll break down the key laws, their provisions, and how they apply to wrongful termination claims.
1. Colorado Anti-Discrimination Act (CADA)
The Colorado Anti-Discrimination Act (CADA) is one of the most significant state-level laws protecting employees from discriminatory termination. CADA prohibits employers from terminating employees based on protected characteristics, including race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, and disability.
Key Provisions:
Applies to all employers with at least one employee.
Protects against discrimination in hiring, firing, compensation, and employment conditions.
Covers both actual and perceived characteristics (e.g., perceived disability).
Wrongful Termination Application: If an employer terminates an employee based on any protected characteristic under CADA, it qualifies as wrongful termination. Employees can file a complaint with the Colorado Civil Rights Division (CCRD) or pursue legal action with the assistance of an experienced attorney.
2. Colorado Wage Claim Act
The Colorado Wage Claim Act governs the payment of wages and benefits to employees. Employers must pay all earned wages promptly after termination, including unused vacation time if promised under an employment agreement.
Key Provisions:
Employers must provide a final paycheck within a specified timeframe after termination.
Protects employees from retaliation for asserting their wage rights.
Wrongful Termination Application: If an employee is terminated for asserting their rights under the Colorado Wage Claim Act—such as demanding unpaid wages—it may be considered wrongful termination. Retaliation against employees who file wage claims is strictly prohibited.
3. Colorado Family Care Act (CFCA)
The Colorado Family Care Act supplements the federal Family and Medical Leave Act (FMLA) by expanding the definition of eligible family members. It allows employees to take unpaid leave to care for a broader range of relatives.
Key Provisions:
Eligible employees can take up to 12 weeks of unpaid leave.
Leave can be used to care for a domestic partner or a partner’s family member.
Wrongful Termination Application: Employers cannot terminate employees for taking CFCA-protected leave. If an employer terminates an employee while they are on CFCA leave, or refuses to reinstate them to their previous position, the termination may be considered wrongful.
4. Colorado Public Health Emergency Whistleblower Law (PHEW)
This law protects employees who raise concerns about workplace health and safety during a public health emergency.
Key Provisions:
Prohibits employers from retaliating against employees who report safety violations.
Applies to both private and public employers.
Wrongful Termination Application: If an employee is terminated for reporting workplace safety concerns or refusing to work in unsafe conditions during a public health emergency, they may have grounds for a wrongful termination claim.
5. Colorado Minimum Wage and Paid Sick Leave Laws
Colorado requires employers to provide paid sick leave to eligible employees. The Healthy Families and Workplaces Act (HFWA) mandates paid sick leave accrual and usage.
Key Provisions:
Requires employers to provide one hour of paid sick leave for every 30 hours worked.
Protects employees from retaliation for using accrued sick leave.
Wrongful Termination Application: Employees who are terminated for using paid sick leave or asserting their rights under Colorado’s minimum wage laws may be considered wrongfully terminated. Retaliation for exercising these rights is prohibited.
6. Civil Rights Act of 1964 (Title VII)
At the federal level, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin.
Key Provisions:
Applies to employers with 15 or more employees.
Protects against discrimination in hiring, firing, and employment terms.
Wrongful Termination Application: If an employer terminates an employee based on any protected characteristic under Title VII, it constitutes wrongful termination. Employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) or pursue legal action.
7. Americans with Disabilities Act (ADA)
The ADA prohibits employers from discriminating against qualified individuals with disabilities. It requires employers to provide reasonable accommodations to employees with disabilities unless it causes undue hardship.
Key Provisions:
Applies to employers with 15 or more employees.
Protects employees with physical or mental impairments.
Wrongful Termination Application: Terminating an employee due to their disability, or for requesting reasonable accommodations, is considered wrongful termination under the ADA. Employers must engage in an interactive process to determine appropriate accommodations.
8. Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons.
Key Provisions:
Applies to employers with 50 or more employees.
Protects employees from retaliation for taking FMLA leave.
Wrongful Termination Application: If an employer terminates an employee for taking FMLA leave or fails to reinstate them to their original position, it qualifies as wrongful termination. Employees can seek legal remedies through a federal complaint or lawsuit.
9. National Labor Relations Act (NLRA)
The NLRA protects employees’ rights to engage in collective bargaining and other concerted activities for mutual aid or protection.
Key Provisions:
Applies to most private sector employers.
Prohibits employers from retaliating against employees for union-related activities.
Wrongful Termination Application: If an employee is terminated for participating in union activities or advocating for better working conditions, they may have grounds for a wrongful termination claim under the NLRA.
10. Colorado Worker’s Compensation Act
The Colorado Worker’s Compensation Act provides benefits to employees injured on the job. It also protects employees from retaliation for filing workers’ compensation claims.
Key Provisions:
Covers medical expenses and lost wages for work-related injuries.
Prohibits employers from terminating employees for filing claims.
Wrongful Termination Application: Terminating an employee for filing a workers’ compensation claim constitutes wrongful termination. Employees can file a retaliation claim if they face adverse actions.
11. Fair Labor Standards Act (FLSA)
The FLSA establishes minimum wage, overtime pay, and recordkeeping standards.
Key Provisions:
Protects employees from wage theft and unfair pay practices.
Prohibits employers from retaliating against employees who assert their wage rights.
Wrongful Termination Application: If an employee is fired for asserting their rights under the FLSA, it qualifies as wrongful termination. Employees can file a legal claim to recover lost wages and seek punitive damages.
Real-Life Example: Hoyt v. Target Stores (1998)
In the case of Hoyt v. Target Stores, Susan Hoyt, a long-term employee of Target, sued the company for wrongful discharge and breach of good faith and fair dealing after being fired. The conflict revolved around travel time pay, with Hoyt claiming she was terminated unfairly for correcting her timecards to reflect her entitled compensation.
The Dispute:
Hoyt had worked for Target for 13 years and consistently received high performance ratings. However, when a new supervisor took over, issues arose around travel time compensation. Target accused Hoyt of falsifying timecards to include 1.5 hours of travel time between stores. Hoyt argued that the time adjustments were legitimate and consistent with company policy, which allowed employees to shift travel hours to avoid overtime pay—a cost-saving practice used by both staff and management.
Legal Claims:
Hoyt relied on the Colorado Wage Claim Act (CWCA) to support her case. The act protects employees’ rights to receive full compensation for their work and penalizes employers who deny wages unlawfully. Specifically, Section 8-4-117 of the CWCA prohibits employers from willfully refusing to pay wages owed or from falsely denying a wage claim with the intent to annoy, harass, hinder, or defraud an employee. Hoyt claimed her termination violated public policy because Target’s refusal to pay for travel time breached these legal protections.
Jury’s Verdict:
The jury sided with Hoyt, awarding her $200,000 in compensatory damages and $35,000 in punitive damages for wrongful discharge. Additionally, she received $15,000 for breach of the express covenant of good faith and fair dealing. The jury found that Hoyt’s actions did not constitute misconduct but instead reflected her rightful attempts to secure the wages she was owed under Target’s policies.
Key Legal Principles:
The court affirmed that firing an employee for asserting their wage rights is a violation of public policy. Employers cannot dismiss employees for demanding legally entitled compensation under the CWCA, as it impacts public welfareand discourages wage theft.
This case highlights the importance of workers’ rights and fair employment practices. It demonstrates how state laws like the Colorado Wage Claim Act are in place to protect employees from unethical treatment and ensure they receive the wages they have earned.
Conclusion
If you believe you’ve been wrongfully terminated in Colorado, remember that you’re not alone, help is always within reach.
Our experienced attorneys at Bourassa Law Group can help you seek justice, protect your rights, and navigate the legal process with confidence.
Contact us today for a free consultation!
1-800-870-8910