Grand Junction Wrongful Termination Lawyer
Like most states in the U.S., Colorado is an “at will” employment state. That means that employees are employed at the will of their employers and that the employers are free to terminate them without cause if they choose to do so.
Even so, this does not mean that employees are without rights. For example, when a job termination is due to discrimination, harassment, retaliation, because an employee refused to carry out an illegal act for the employer, or because an employer is trying to avoid paying proper wages, even an “at will employee” may have a case against an employer for wrongful termination.
Employees under contract for a term, union employees, those with civil service protections, and those who are promised job security by employers are not considered at will, and depending upon the terms of their contract, may be able to sue an employer who terminates them without cause.
Do I Have a Case?
In cases where an employer has a termination procedure but fails to follow it (such as outlined in the employee handbook of company policies) the employee may have a claim for wrongful termination since those procedures were not followed.
The law also protects employees who felt forced to “resign” because of undue pressure in the workplace. For example, whistleblowers (those who report a company’s illegal actions) or those who file claims of discrimination against an employer may become targets of harassment or employer retaliation and feel they can no longer tolerate the workplace atmosphere. Such hostile environments that lead to what the law refers to as constructive termination, because the resignation wasn’t really voluntary; it occurred as a result of a hostile work environment.
Wrongful Termination Law
Wrongful termination law is different from discrimination law in that, while discrimination may lead to wrongful termination, the two are very separate legal topics and are handled differently by the courts. A wrongful termination means the that the firing of an employee was not proper because expressed or implied contracts were violated, and that the employer was not free to terminate the employee.
Wrongful termination law basically covers four main areas:
- Implied contracts
- Good faith and fair dealing
- Federal and state statutes
- Public policy
When employers violate public policies, they are often asking to be sued for wrongful termination. Some examples of public policy violations include:
- Whistle blower retaliation
- Termination for jury duty
- Refusal to break the law at the request of the employer
- Invasion of Privacy
- Defamation of Character
If you believe you have been wrongfully terminated, you need to act immediately. Our firm of expert employment law attorneys will evaluate your case and help you to understand your rights when it comes to wrongful termination law.
Call the Grand Junction, CO Law Firm of Killian, Davis, Richter & Kraniak, PC Today
When it comes to wrongful termination claims, the laws can be complex and having a lawyer with expertise in these matters can make all the difference. Also, you need to be particularly aware that statutes of limitation apply to these cases. Do not wait to contact us if you believe you have been wrongfully terminated. We offer a free initial consultation with one of our expert wrongful termination law attorneys who will give you an honest assessment of your case.