Filing a wrongful termination claim is difficult enough—you’ve also got to prove your claim. Colorado is an at-will state, meaning that you or your employer can, without cause, terminate your employment at any time. Although the claim may be resolved in mediation and never get to court, you’ll need accurate information and documentation to support and prove your claim. Here’s what we suggest.
Establishing wrongful termination
In the at-will state, you can legitimately be terminated without notice and without cause, as well as for a cause or causes, such as poor performance, excessive absenteeism, violation of policies, and other standard reasons. Most wrongful termination cases are filed by at-will employees. But there are limits, and you cannot be terminated for an illegal reason, such as discrimination.
You also cannot be terminated in retaliation for refusing to perform an illegal act, such as driving a company vehicle without proper registration, or after exercising a legal right (such as voting or jury duty.)
Constructive dismissal, a situation where the employer makes the work environment very uncomfortable to coerce you into quitting, is also illegal.
Other indicators of potential wrongful termination:
Direct or circumstantial evidence of discriminatory treatment, including direct written or verbal statements, or termination of a specific group, or a firing after an employer learned your age, gender, nationality, religion or other factors
Disparaging comments about specific groups of people, such as women or employees over 50
Obvious discrimination during layoffs, such as women over 40 or 50
Supervisors, superiors or employer making biased comments about certain groups, especially in front of witnesses
You will also need to prove that your termination was illegal with documents, witness statements and other information.
Keeping records to prove wrongful discrimination
It’s important to begin recording events as soon as you notice them, in case you are actually fired. If you suspect that wrongful termination may be coming, start making copies of anything relevant and storing them at home or in your cloud storage (i.e., Google Drive, Dropbox) where you’ll have them available.
IMMEDIATELY: Start writing down everything that occurred during your wrongful termination while they are fresh, similar to a diary.
Use these details to create a timeline of the events that led up to your termination. Include names of all the individuals involved.
Get as much paperwork as you can, especially your termination notice, which will give the official reason for termination.
Keep copies of everything that’s in writing including layoff papers and/or termination notice.
Request a copy of your entire personnel file, which will include pay raises, promotions, as well as any disciplinary actions or discussions. Sometimes companies rush terminated employees out of the building, so you may not have time to even pack your things. An attorney may need to subpoena your personnel file from HR later if they refuse.
Send an email to your immediate supervisor summarizing the topics of discussion during the termination the next day. This is simply to document the discussion, and to establish a record of the meeting, not to debate. Stay professional, and don’t argue. This may be the only record you have of the meeting.
Alternately, create a diary entry of the meeting with everything discussed, if you aren’t comfortable sending an email.
Speak with coworkers who may or may not have been treated differently than you. Have they also been treated differently, or seen others being singled out for wrongful termination or disciplinary actions?
Financial records—this includes pay stubs, bonus checks, W-2s and any other related documents. These are helpful to establish how much money you lost when after your termination.
If you have an employee contract, add it to your file.
In some cases, policy manuals, employee handbooks and other corporate documents may constitute an employment contract. Add these to your file as well.
Are you a union member? A union contract negates the “at-will” part of your employment, and spells out the employer’s procedure and specific grounds for dismissal.
Find an attorney who handles wrongful termination cases so that he or she can guide you through the process of EEOC complaints as well as possibly filing a lawsuit before the two-year statute of limitations.
Is it worth filing for wrongful termination?
There are a few reasons why you should pause before pursuing a wrongful termination claim.
If you’re already working, how much did you lose after your termination? If you already had a job or found one right away, you may not have lost any wages or other compensation. The amount you might receive may not be worth the cost of any legal action.
You should be completely honest with your attorney about everything related to your claim. If you’ve made comments that can be seen as inconsistent by the opposing party, you should tell him or her up front to avoid an embarrassment during mediation and/or litigation. Before making any statements, discuss them with your attorney to avoid any pitfalls that could sink your case.
You’ll likely be looking for another job the day you are terminated (or the next day.) You may have been job hunting already and caught off-guard. Think about what your next employer will see: someone who sued their former employer. Even if you don’t tell them, they could eventually find out. One of the first things an HR person or hiring manager will wonder is if you’ll sue them, too. It could be a big “red flag” and ruin your chances for another job.
Protect your civil rights
There are strict laws in the US against discrimination and wrongful termination. If you believe you’ve been terminated illegally, contact our employment lawyers by calling (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
Religion is a personal choice, no matter what the denomination. You may choose to share your beliefs with others, or you may keep them to yourself. You may also eschew religion if you choose to. But religious discrimination is not a choice your employer has a right to make.
One of the most demeaning forms of discrimination is on the basis of your choice of religion. Whether you grew up with your religion beliefs, or chose them later, it should never be used against you. If it is, your civil rights have been violated through religious discrimination. And in the workplace, you may have grounds for a lawsuit.
The First Amendment
What it actually says is:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
There is no “national religion” in the U.S., as there are in other countries, nor limitations on the practice of religion.
There are two general ways that you could be harassed based on your religion:
Quid Pro Quo, (Latin for “this and that”), when you are required to alter or abandon a religious belief in order to obtain employment, or an adverse action that occurs after you accept a position but refuse to change your beliefs.
A Hostile Work Environment, in which you are subjected to negative comments and/or actions that create a hostile work environment, and suffer a “negative employment action.” Employers are responsible for the actions of their employees.
There are some exceptions. Religious organizations, by their very nature, have the right to hire based on their own religious beliefs, especially if it’s activities are religious on a day-to-day basis. Clergy members are also prohibited from filing religious discrimination lawsuits, because doing so would allow the government to interfere in religious activities. They are not, however, exempt from other forms of discrimination, such as race based or sex based.
Proving religious discrimination
If you believe you are the victim of religious discrimination, it’s important to:
Report each incident of religious discrimination to your employer
Personally document each incident, as well as each time you report an incident
Should your employer fail to take corrective action, you can file a Claim of Discrimination with either the EEOC or the Colorado Civil Rights Division (CCRD). You’ll have 300 days from the act of religious discrimination in which to file your complaint with the EEOC, or 180 days with the CCRD. After that, you will lose your right to file your religious discrimination claim under Title VII or Colorado law.
The harassment occurred because of, or was motivated by, religion
The conduct was pervasive or severe
The conduct had a detrimental effect on the plaintiff and
The harassment would have had such an effect on a reasonable person of the same religion in that position
Once you successfully prove your claim of religious discrimination, there are a number of remedies available under the law. You may be awarded compensatory damages including lost wages and benefits, emotional distress, and occasionally, punitive damages. You may also be awarded attorney’s fees and litigation costs. The court could also require the company to reinstate you, and issue an injunction against the company barring them from committing further acts of discrimination.
An attorney who specializes in civil rights violations and employment or religious discrimination can help you navigate this complicated area of law.
Denver’s civil rights attorney
You have the right to your own religion, guaranteed by the First Amendment. Employment discrimination in any form is a difficult and complex area of the law. Need help? Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll aggressively defend you in court and make sure your rights are protected under the First Amendment.
Losing a loved one is always difficult, no matter what the circumstances. Should the loss be a result of another’s negligence, you do have a possible legal recourse: a wrongful death lawsuit. Although wrongful death is a form of a personal injury lawsuit, the rules are somewhat different.
You may be wondering why you would file a lawsuit after you’ve been through the grief of a funeral and handling the deceased’s final affairs (such as reading a will, cleaning out their home, or closing accounts.) Filing a wrongful death suit could bring financial recovery for your damages as well as closure for you and your family.
What wrongful death means
This is a civil suit, not a criminal one, and establishes the liability of another individual or entity in the death of another person. In the case of a vehicular accident, a criminal case would be a separate action, and would likely not involve the recovery of damages like a civil suit would.
The state of Colorado describes a wrongful death as one that you, as a plaintiff, would need to establish that the defendant’s negligence, recklessness, or intentional behavior caused the incident.
Think of it this way: if the deceased were still alive, could they have filed a personal injury lawsuit for themselves? If so, you may be able to file a wrongful death suit, since it’s a personal injury suit on behalf of a deceased individual.
Depending on the circumstances of the wrongful death, a lawsuit may also give you additional answers. Our free consultation will give you more details so you can make an informed decision.
Colorado’s statute of limitations
If you are considering a wrongful death lawsuit, it’s important to speak with an attorney immediately. Colorado allows two years from the date of the incident to file. After that, your lawsuit will be dismissed, and you’ll lose your rights to any claims. There are some rare, limited exceptions, but as a rule, the limit is two years.
One exception is for a car accident, in which the driver is convicted of vehicular homicide as well as leaving the scene of the accident. If a jury convicts the driver on both charges, the time limit for filing will become four years.
Since there are some exceptions to the two-year time frame, don’t assume your time has passed to file. A Colorado wrongful death attorney can review your case and let you know what your options are.
Recovering financial damages for wrongful death
Since wrongful death is a form of personal injury lawsuit, you may be able to recover many of the same damages, such as:
Medical expenses for the deceased
Funeral expenses for the deceased
Pain and suffering on behalf of the individual
Lost benefits, current and future wages, and inheritance, such as a life insurance policy
Other related expenses
Punitive damages, or “punishment,” to deter others from committing the same negligence
Colorado does not have “damage caps” on lost wages, but does restrict punitive damages.
In the first year after the death, a surviving spouse may file a wrongful death suit. If, after that year, the spouse does not file, the surviving children as well as the spouse can file. If the decedent has no spouse or children, his or her parents can file at any time, but if they choose not to file, the parents will be unable to file.
A representative of the deceased’s estate may also file a lawsuit, including any beneficiaries who lost an inheritance as a result of the deceased’s passing.
Denver’s wrongful death attorney
Our attorneys understand the pain and difficulty of filing a wrongful death suit after losing a loved one through another’s negligence. We can work with you to help you through the legal process.
It’s difficult to go to a job every day and witness inappropriate or even illegal conduct, knowing it’s wrong. Every day, thousands of people in Colorado are afraid to say anything for fear of losing their jobs, or worse. Afraid of being labeled a whistleblower.
But if your employer does turn on you as a whistleblower in you do have protections against retaliation, including the ability to file a lawsuit if necessary.
Colorado’s at-will employment
Giving two weeks’ notice when terminating your employment is a custom, or company policy, but isn’t required by law.
With nearly any employer in the state, your employment is called at-will, meaning both you and your employer can terminate it at any time, without a reason. However, terminating employment for cause has to be for a legal reason, such as poor performance or violating company policies.
Protection for a whistleblower
The state of Colorado offers whistleblower protection for both public and private employees against retaliation after exposing illegal actions or policies.
Colorado code §24-114- 101: Private employees
An employer may not administer disciplinary action for disclosures of information
An employee must make an effort to provide the information directly to a supervisor or other internal authority before disclosing the information to an outside source
An employee can bring a civil lawsuit and seek damages and other relief
Colorado code § 24-50.5- 101 to 107: Public employees
Employees of the state of Colorado are protected from disciplinary actions by an employer for disclosing information with regard to illegal policies or actions that are not in the public interest
An employee must file a written complaint within 10 days of the retaliatory incident(s) with a state personnel board
If approved, the employee may recover back pay, obtain reinstatement and other related compensation
Should the board deny the complaint, an employee may file a civil lawsuit.
There are also common law protections for employees who:
Perform a public duty
Refuse to perform an illegal act
Exercise an important job-related right or privilege, such as filing a workers compensation claim.
Healthcare workers are also protected by the act called “Concerning Protection for Health Care Workers who Report Patient Safety Information.” Enacted in 2007, it allows workers in the healthcare industry to report their concerns about patient safety without fear of retaliation from their employer. Workers are encouraged to report conduct that could adversely affect patient care or healthcare standards in Coloardo.
Colorado protects employees who refuse to perform any illegal acts as a part of their regular work-related duties. The Colorado Supreme Court has also stated that an employee should not be faced with the choice of losing his or her job and obeying an employer’s order but violating the law.
However, there are exceptions in which you would not be protected as a whistleblower in Colorado:
Employees who knowingly disclose false or fraudulent information, or disclose information with “reckless disregard” for its truth
Employees who disclose information from public records that are closed to inspection by the public beyond specific government representatives
Employees who disclose other confidential information not disclosed to the public
Federal whistleblower protections
There are a number of federal protections for whistleblowers. Many are administered by OSHA (the Occupational Safety And Health Administration.) Since Colorado is a federal-OSHA state, these laws cover federal employees and private companies with 10 or more employees.
Additionally, the Whistleblower Protection Act protects federal employees who report incidents of waste, mismanagement, abuse of authority, law or regulation violations, or danger to the public safety.
If you’re a whistleblower in Colorado, the state allows two years for you to file a complaint against your employer for retaliation. If you are planning to file a lawsuit, it’s important to meet with a civil rights attorney as soon as possible.
Contact the Civil Rights Litigation Group in Denver
Deciding to blow the whistle on wrongdoing at your job is a courageous act that can bring unwanted consequences that you weren’t expecting. Whistleblowers have been responsible for a number of corrections that would not ordinarily have been addressed without them.
But if your employer retaliates against you or another employee after becoming a whistleblower, contact a leading civil rights attorney to represent you.
The Civil Rights Litigation Group is dedicated to protecting the rights of employee whistleblowers who are targeted with retaliation. We’ll vigorously pursue lawsuits against employers who have retaliated against employees, and will fight to get you compensation for your damages.
In any corner of the Internet, there are bloggers to talk about anything and everything. Food. Fashion. Culture. Trends. Anything people talk about. Supplemented by social media, a blogger can be unknown one day and known around the world the next. And they may not know their first amendment rights.
You may be considering a blog of your own. Maybe you want to talk about Denver’s restaurant scene, the city’s LGBT-friendly places to visit or the annual Denver Pride Fest. Or you’d like to inform the general public about a problem or two that not everyone knows about. Once you set up your website and start writing, you may wonder if you can say whatever you want. Yes, and no. Blogging is, for the most part, protected speech under the First Amendment. But before you start posting about something, there are a few things you need to be aware of.
What fhe First Amendment says
The actual text says:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Free speech includes making statements about a person or topic that are truthful or based on an honest opinion. But there are exceptions, including:
Fighting Words — face-to-face confrontations that will probably lead to a fight (Chaplinskyv. New Hampshire ,1942)
Whether you work for a news organization or not, as a blogger you are still protected by the First Amendment. Indeed, many bloggers have uncovered stories that have undermined the so-called mainstream media, or stories the MSM ignored but needed to be told. Differentiation between opinion and fact is also important in a blog post. What happens when you say something someone doesn’t like?
Montana Blogger Crystal Cox is a blogger who considers herself a whistleblower, wrote a series of blog posts accusing Obsidian Finance Group and a bankruptcy trustee of tax fraud. Obsidian sued and won after a lower court found that because Cox wasn’t a paid journalist, Obsidian didn’t have to prove that Cox acted with negligence.
However, the 9th U.S. Circuit Court of Appeals in San Francisco ruled Cox was entitled to a new trial, even though she isn’t formally a reporter. “As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable,” 9th Circuit Judge Andrew Hurwitz wrote for a unanimous three-judge panel in the case. The attorney for Obsidian and their trustee, Steven Wilker, also observed that the 9th Circuit did not dispute that Cox’s statements and accusations were, indeed, false.
While Cox has been accused of making allegations of fraud and other illegal activities in exchange for payoffs for retractions, she was still found to be protected by the First Amendment. The 9th Circuit ruled that Obsidian would be required to show that Cox exhibited “negligent behavior.” In January of 2014, represented by UCLA School of Law professor Eugene Volokh, Cox won on appeal, giving bloggers the same protections as traditional journalists.
Free speech is a civil right
Are you considering starting your own blog? You’re in good company, and the First Amendment is on your side. But there are some responsibilities that go along with freedom of speech.
If someone has threatened your right to free speech, you can fight back. Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
