Many employees in Colorado have lost their jobs for reasons they deem unfair. However, getting terminated for unfair reasons is generally not enough to prove a claim for wrongful termination. In an at-will employment state like Colorado, employers are allowed to terminate an employee for any legal reason. Unfortunately, this means an employer may legally be allowed to terminate an employee just because of personality differences or an inability to work well with others.
However, a wrongful termination is a termination based on unlawful reasons. Firing an employee may be unlawful if it was:
- A breach of contract: The employee’s termination violated the employment contract signed by the employee when he or she started working for the company.
- Discriminatory: The employee was terminated due to their Constitutionally protected characteristics (e.g., age, sex, or religion).
- Retaliatory: The employee was terminated for engaging in a legally protected activity in the workplace. This may include filing a complaint regarding discrimination, harassment, or safety violations at work.
- A violation of public policy: The employee was terminated for exercising a legal right (e.g., whistleblowing or refusing to participate in illegal activities at work).
What should you do if you believe you have been wrongfully terminated?
Colorado employees who believe they have been terminated by their employer for illegal reasons may file a complaint with the Colorado Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC). If the investigation reveals you were wrongfully terminated, you may be entitled to compensatory and punitive damages.
Establishing your claim for wrongful termination may require several forms of documentation, including correspondence between you and your employer and performance reviews.