In Colorado and most other states, employment operates on an “at-will” basis. This means that, unless the employee and employer have entered into an employment contract, employers can terminate employees for any reason, provided they, under recent Colorado legislation, give written notice of the termination and the reasons thereunder. Employees can also quit their job at any time, for any reason.
Indeed, at-will employment gives employers a lot of leeway to fire workers. However, there are two key exceptions where terminations may be illegal:
1. Discrimination: Firing someone because of their membership in a protected class, such as race, religion, gender, or age, is prohibited under federal and Colorado anti-discrimination laws.
2. Retaliation: It is illegal to fire someone in retaliation for engaging in legally protected activities, such as filing a sexual harassment complaint, participating in an EEOC investigation, or blowing the whistle on actual legal violations. Employees must have engaged in protected activity for a retaliation claim to stick.
Simply complaining about a toxic work environment or difficult manager does not typically count as protected activity. Unless the complaints involved clear violations of discrimination, harassment, or other laws, employers can legally terminate for personality conflicts under at-will employment.
At-will employment gives Colorado employers lots of power. But workers still have legal protections against discriminatory and retaliatory termination. Understanding these protections is crucial for asserting your rights.
If you feel your termination violated state or federal employment laws, contact an attorney right away. For a free case evaluation, visit www.conduit.law or call 720-432-7032. A lawyer can assess your situation and help determine the best steps for either negotiating a settlement or bringing a formal claim. Don’t wait to get legal advice.
Disclaimer: The information provided in this article does not, and is not intended to, constitute legal advice. Instead, this article serves as general information to help readers understand their rights under at-will employment in Colorado. Readers should consult with an attorney for advice regarding their individual situation.
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