Your Denver Civil Rights Attorney
As an employee in a Colorado company or business, you have certain rights. One of those rights is protection from unlawful termination. This means that, technically, you cannot be fired from your job due to unlawful reasons, such as discrimination and retaliation. Employees also cannot be fired for public policy violations, which includes performing a public duty or refusing to do something illegal.
Being terminated for unlawful reasons can have a devastating effect on your life, and you don’t have to succumb to the mistreatment. If you’ve been unlawfully terminated, the Denver, CO unlawful termination attorneys at the Civil Rights Litigation Group have your back. These cases can be incredibly complex, and there are certain processes to follow when filing a lawsuit for unlawful termination. For a free consultation with the Civil Rights Litigation Group, call our Denver law office today at (720) 515-6165.
Federal unlawful termination law
It is crucial to remember that all employers in Colorado reserve the right to fire employees for things such as poor performance or lack of qualifications. Furthermore, in Colorado, employment at-will is the general rule, and this rule means that employers and employees can terminate the employment relationship without cause or reason. Nonetheless, even with these laws, employees still retain certain protections under federal law, including:
- The right not to be discriminated against because of gender, age, religion, race, national origin, pregnancy, or disability
- The right not to be subjected to sexual harassment
- The right not to be retaliated against when opposing illegal practices
- The right not to be fired for taking FMLA leave
- The right to be paid overtime, unless you are an exempt employee
Furthermore, you cannot be fired for certain actions. Some of these actions include:
- Requesting time off for jury duty or military or National Guard duty
- Requesting time off to vote
- Disclosing illegal actions to the authorities
- Filing discrimination complaints
- Reporting safety violations to OSHA
Filing an unlawful termination lawsuit
If you have been fired due to discrimination or retaliation (such as refusing sexual advances by your employer or refusing to do something illegal), then you may be able to bring forth a lawsuit to seek compensation for damages incurred. In Colorado, a wrongful or unlawful termination lawsuit typically has three elements, including:
- The employee who files the lawsuit, who 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/she was entitled
In many instances, the employee must receive a “right to sue” letter before bringing forth an unlawful termination lawsuit. Generally, you can receive a “right to sue” letter from the United States Equal Employment Opportunity Commission or from the Colorado Department of Regulatory Agencies, Civil Rights Division.
Also, it is important to remember that you may have a “good” case for a settlement and not a “good” case for a lawsuit. You may have a good case for a settlement if your employer is adverse to litigation or conflict, he/she wants to maintain a friendly relationship, he/she needs to conceal something, he/she wants to get rid of you “peacefully” as an employee, or he/she has a sense of obligation to you.
Whether you have a good case for litigation is much more complex. Some factors that would make a good litigation case may include:
- “Smoking guns,” including statements made by an employer indicating his/her intent to discriminate against you.
- Cases involving a large number of individuals who have received the same illegal treatment
- Discrimination backed by statistics (such as statistics proving discrimination amongst women, the disabled, or elderly employees)
- Cases involving a large number of witnesses who will provide support
- Cases that involve clear examples of retaliation, sexual harassment, discrimination, or contract violations
Contact the Civil Rights Litigation Group
Wrongful and unlawful termination lawsuits can be incredibly complex, and often these cases involve things like hearsay and speculation. As such, when pursuing a lawsuit, you need a prominent and experienced attorney who will work with you every step of the way, helping to protect your rights, represent you in courts, and uncover thorough and complete evidence proving that discrimination, retaliation, or unlawful termination occurred. For a free, no-obligation with the Civil Rights Litigation Group, call our Denver CO law office today.
Give us a call today at (720) 515-6165.
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