The employment attorneys at Baird Quinn LLC are contacted daily by recently terminated employees. These callers typically describe what they perceive to be arbitrary or unfair termination decisions and want to know whether they have been subjected to an actionable “wrongful discharge” under Colorado law. If you feel you have been fired illegally, our Denver wrongful termination lawyers are here to help.
Jump to: At-Will Employment | Federal Claims | Can I Sue in Colorado? | Contract Breaches | Public Policy Violations | Damages & Remedies | Wrongful Dismissal FAQs
Understanding Colorado’s “At-Will” Employment Doctrine
All employees should understand that Colorado is an “at-will” employment state. This means that either the employer or the employee may ordinarily end the employment relationship at any time and for any reason.
This does not mean, however, that employers may discharge employees for any reason without potential liability. There are major exceptions to the at-will doctrine. Baird Quinn’s wrongful dismissal attorneys regularly represent clients in these complex cases and have recovered significant damages on their behalf. If you believe your firing constitutes an unlawful termination, contact our office immediately.
Unlawful Termination Claims Under Federal Law
Several federal statutes give rise to a wrongful termination claim if an employee is discharged due to prohibited factors, such as race, national origin, sex, disability, religion, or military service. These statutes also protect employees from retaliation for engaging in protected activities.
Examples of Federal Wrongful Dismissal Protections:
- Fired because the employee filed a claim of discrimination.
- Fired because an employee complained about sexual harassment.
- Fired because an employee participated in an internal investigation.
- Fired because an employee testified against the employer in a court proceeding.
- Fired because an employee is pregnant or needs to take time off under the FMLA.
Can You Sue for Wrongful Termination in Colorado?
Yes. You can sue for wrongful termination in Colorado if your firing violates state or federal laws, public policy, or an employment contract. Common unlawful termination claims in Colorado include:
Off-Duty Conduct (C.R.S. § 24-34-402.5)
Prohibits termination of employment for off-premise, off-duty lawful activity, unless the activity relates to a “bona fide occupational requirement” or creates a conflict of interest.
Whistleblower Retaliation (C.R.S. 24-50.5-103)
Prohibits retaliation against state employees or employees of private contractors working with the state who report illegal conduct.
Colorado Wage Act Protection (C.R.S. § 8-4-120)
Prohibits employers from discharging or retaliating against any employee who files a complaint or institutes a proceeding under the Colorado Wage Act.
Breach of Express or Implied Employment Contracts
An employee may also have an unlawful termination claim under an express or implied employment contract. An express contract may dictate that an employee be discharged only for “just cause,” or only after progressive discipline.
Under certain circumstances, an implied contract may be formed based on an employer’s verbal statements or policies outlined in an employee handbook. If you are terminated without the promised progressive discipline steps being followed, you may have a valid claim.
Violations of Colorado Public Policy
Under the “public policy” exception, an employee is wrongfully discharged when the termination goes against an explicit, well-established public policy of Colorado. For example, you cannot be legally fired for:
- Refusing to perform an illegal act directed by your employer.
- Filing a workers’ compensation claim or reporting a work-related injury.
- Reporting fraudulent accounting or billing practices.
Remedies and Compensation for Wrongful Discharge
Wrongful discharge claims often involve significant damages. A prevailing employee may recover lost wages, lost benefits, compensatory damages for emotional distress, punitive damages, and in many cases, attorneys’ fees and costs.
Consult an Experienced Denver Wrongful Termination Lawyer
Baird Quinn’s Denver unlawful termination lawyers regularly handle complex discharge claims and lawsuits on behalf of our clients. If you are searching for a wrongful termination lawyer near you, our team is ready to help. Contact Baird Quinn LLC today for an initial consultation.
Frequently Asked Questions About Unlawful Termination
Can you sue for wrongful termination in Colorado?
Yes. Even though Colorado is an “at-will” employment state, you can sue your employer if your termination violates federal or state anti-discrimination laws, breaches an implied or written employment contract, or violates established Colorado public policy (such as retaliation for whistleblowing).
What is considered unlawful termination in Colorado?
Unlawful termination occurs when an employer fires an employee for an illegal reason. In Colorado, this includes firing someone based on their race, gender, age, or disability, terminating an employee for filing a workers’ compensation or unpaid wage claim, or discharging them for engaging in lawful off-duty conduct.
How do I prove a wrongful discharge claim?
To prove wrongful discharge, you and your wrongful termination attorney must gather evidence showing that the employer’s stated reason for firing you was a “pretext” (a fake excuse) for an illegal motive. Evidence can include emails, performance reviews, witness testimony, and suspicious timing between a protected activity (like complaining about harassment) and your termination.