When do you need a wrongful termination lawyer in Denver, Colorado?

Colorado follows an employment-at-will doctrine, meaning that both employers and employees aren’t required to give notice or advance notice of termination or resignation (unless there is a contract that says otherwise). In other words, you are free to leave your job whenever, for any reason, or even for no reason, with no legal consequence. At the same time, employers may also terminate your employment for any reason, or even for no reason, but keep in mind that private and public employers in Colorado cannot violate any wrongful termination statutes when firing you.

Wrongful Termination Lawyer Denver CO | Civil Rights Litigation Group

Wrongful termination is not a magic legal term that you can use when you were fired. In fact, wrongful termination lawsuits can be very complex, requiring evidence that proves the firing was wrongful. If you believe that your employer violated U.S. law when firing you, then it’s critical to call Denver wrongful termination lawyer Raymond Bryant of the Civil Rights Litigation Group. Consultations are always free, so call today at (720) 515-6165.

Wrongful termination federal laws

In order to better gauge whether or not you were the victim of wrongful termination, it’s best to first get the answer to, “What is wrongful termination?” First of all, wrongful termination is not “I’m angry about being fired.” Even though Colorado is employment-at-will, there are certain exceptions to this legal doctrine.

For instance, if your Colorado employer fires you for discriminatory reasons or in retaliation for exercising your rights, then you may have a case for wrongful termination. Additionally, you may have a case if there is an employment contract, either express or implied, that limits the employer’s right to terminate employment.

In terms of federal laws, one of the main provisions protecting employees is Title VII of the Civil Rights Act of 1964, which prohibits all forms of retaliation, including wrongful termination (42 U.S.C. § 2000e et seq.). The U.S. Equal Employment Opportunity Commission (EEOC) enforces wrongful termination claims for discriminatory reasons, retaliation, and for contract violations. With regards to Title VII, it’s important to note that it only applies to private employers with 15 or more employees, as well as federal and state employers.

At the state level, the Colorado Anti-Discrimination Act (Co. Rev. Stat. § 24-34-402)  also prohibits all forms of retaliation, including wrongful termination, and this law applies to all employers, regardless of their number of employees.

Reasons for wrongful termination

There are many reasons for a wrongful termination lawsuit, but it’s important to note that virtually every wrongful termination lawsuit has three elements:

  • The employee filing the lawsuit must have been employed by the employer
  • The employer fired the employee
  • The employee was fired for exercising a job-related right or privilege to which he or she was entitled

Some job-related rights or privileges are detailed below:

  • Fired for discriminatory reasons — In Colorado, as well as elsewhere in the U.S., it is illegal for an employer to fire an employee based on his/her protected status, such as race, gender, national origin, sexual orientation, age, religion, disability, and pregnancy.
  • Breach of Contract — If you have an employment contract (written, oral, or implied) promising job security, then you are not an employment-at-will employee. If the employer then fires you without good cause, then you may have a legal claim for breach of contract.
  • Wage and Hour Issues — You have certain wage rights as an employee, and if you file a complaint with the state’s wage board, or something similar, then your employer cannot fire you as a retaliatory measure.
  • Whistleblowing — If you witness your employer engaged in unlawful practices, and you speak out about it, then your employer cannot fire you as a retaliatory measure.
  • Time Off Work — In Colorado, employers may not discipline or fire workers for exercising their rights for time off, such as military leave, jury duty, voting, FMLA, and other protected leave.
  • Other Issues — Employers may not fire employees for filing workers’ compensation claims, reporting workplace safety violations, engaging in lawful activities while off-duty and off work premises, and for refusing to engage in illegal activity or for exercising important job-related rights.

Call wrongful termination lawyer Raymond Bryant

By filing a wrongful termination lawsuit, you are petitioning the courts to hold the responsible individual(s) accountable for these unlawful actions. However, in many cases, you may have to first report to the EEOC prior to bringing the action to court. As such, it’s essential to speak with a prominent Denver employee rights attorney who can assess the validity and strength of your claim, while providing expert counsel about the next steps to take. To speak with attorney Bryant regarding your wrongful termination claim, call the Civil Rights Litigation Group in Denver at (720) 515-6165.

Social media and employee rights – can I be fired for a post?

Social media is everywhere, and it’s certainly getting easier to vet frustrations or complaints about work on Facebook, Twitter, Snapchat, and so forth. Unfortunately, employers can monitor (or can easily see) their employees’ social media accounts, and in some cases, a social media blunder can result in an employee’s termination.

Employee Rights And Social Media – Can I Be Fired For A Post?The National Labor Relations Board receives thousands of complaints every year from employees who said they were fired for their social media activity. Often, these employees want to know if it is legal for an employer to fire an employee over a social media post. As a leading employee rights attorney located right here in Denver, attorney Raymond K. Bryant of the Civil Rights Litigation Group law firm provides aggressive legal representation for Colorado employees who had their rights violated. If you were fired over a social media post, call our Denver law firm today for a free, no-obligation consultation.

First Amendment rights and at-will employment

Despite employee protections, it’s important to remember that Colorado is an “employment-at-will” state, which means that neither an employer nor an employee is required to give notice or advance notice of termination or resignation. In other words, an employer can fire an employee for any reason (or for no reason) as long as the firing isn’t based on discriminatory practices, such as the employee’s race, disability, sexual orientation, gender, etc.

Secondly, it is essential to know that the Constitution’s First Amendment doesn’t apply to private employers in many cases. Within limits, the government may dictate what people can or cannot say, but this restriction doesn’t apply to a private company.

Protections for online posts and content

Despite the employment-at-will status in Colorado, employees have a wide variety of legal protections that limit an employer’s right to discipline or fire employees for what they posted online or in social media. Especially for job-related posts, the National Labor Relations Board instituted strong protections for employees who post statements or comments about their employer, workplace, job, and so forth. Known as protected concerted activities, the National Labor Relations Act protects employees’ rights to communicate about the terms and conditions of employment. Therefore, if an employee makes a negative post about working conditions, that action may be a protected concerted activity for which the employee cannot be fired.

Other protections for online posts may include:

  • Colorado Lawful Off-Duty Conduct / Employee Privacy Law — An employer cannot terminate an employee for the employee’s lawful, off-duty activities. If the employee isn’t “on the clock” and is off the workplace premises, the employer cannot fire him/her as long as his/her activities were lawful.
  • Political Messages Protections — Employers cannot terminate an employee based on his/her political beliefs or views
  • Retaliation — Both state and federal laws protect employees from retaliation for reporting problems in the workplace, such as discrimination, harassment, and unsafe working conditions.

Contact the Civil Rights Litigation Group in Denver today

If you were terminated because of a social media post or other content, you may want to contact a Colorado civil rights attorney as soon as possible. In some cases, the employer’s action could be wrongful termination. With years protecting Colorado workers against unlawful termination, civil rights attorney Raymond K. Bryant knows what it takes for a successful case. We will work with you, one-on-one, to ensure thorough communication and interaction, and we’ll aggressively and diligently pursue your case in Colorado courts. To get started on your case with a free, no-obligation consultation, call our Denver law office today at 720-515-6165.

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Denver, CO 80202

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