Popular searches:
layoff laws wrongful dismissal severance pay laws job termination
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Colorado Wrongful Termination Laws
In addition to federal civil rights and labor laws, Colorado has a number of state laws protecting employees from wrongful termination. Those laws limit the “at will” standing of Colorado, which allows both workers and employers from terminating a work relationship for any reason, except those specifically stated in federal and state laws. The primary federal laws include the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. Workers who suspect wrongful termination may contact their local office of the Equal Employment Opportunity Commission (EEOC), for remedies or, if state agencies fail to provide satisfaction, may contact an employee rights attorney to pursue private legal remedies or a lawsuit.
Colorado’s Specific Labor Laws
Colorado provides some additional statutes protecting employees from wrongful termination in the workplace. Among the most prominent local statutes are the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$6.85 |
For retail, service, commercial support service, food and beverage, and health and medical industries; $3.02 minimum tip credit; $3.83 minimum wage for tip employees |
|
State Military Leave |
Yes |
15 days unpaid leave for National Guard or reserve training, plus reinstatement and benefits; for National Guard active duty, unlimited unpaid leave and full reinstatement and benefits |
|
Jury Duty |
Yes |
Paid leave for all employees, up to $50/day for first 3 days; no employer demands to interfere with effective performance of jury duty |
|
Voting |
Yes |
Up to 3 hours paid time off, if necessary, at start or end of work shift, & if requested in advance |
|
Garnishment |
Yes |
No limit and no retribution; $5.00 monthly fee for child support |
|
State Family & Medical Leave |
Yes |
Same leave allowed for adoption as for childbirth; 50 or more employees, 3 days domestic violence leave for employees with 1 year or more of service |
|
Arrest & Conviction Records |
Yes |
No questions about arrests without convictions; may respond concerning sealed arrests or convictions as if they never occurred |
|
Discrimination |
Yes |
1 or more employees; age discrimination (40-70); national origin, disability (physical, mental, learning), AIDS/HIV; gender, pregnancy & child birth, race, religion, genetic testing information; lawful conduct out of work; mental illness |
|
Whistleblower |
Yes |
For public employees, no retribution permitted as long as revelation known to be accurate; for private employees, must provide information to supervisor before reporting to outside officials |
|
Plant Closings |
Yes |
When occurs due to technological changes, state provides retraining |
*These laws change often, so consult state statutes for the most up-to-date information.
Colorado Discrimination Laws
In general, Colorado state agencies take priority in pursuing employers for wrongful termination under federal laws, which prohibit discrimination based on race, color, religion, sex, or national origin. In addition, abuse of state statutes must first be pursued by local EEOC offices. At that point, employees may pursue private options with an employee rights attorney:
- Enforcement, administration, and investigation by the state takes precedence over private suits
- Employees are permitted to file private lawsuits only after pursuing a claim through the appropriate government agency
- Employees are permitted to recover attorney’s fees from a defendant
- Statutes of limitations are variable
Filing a Claim for Wrongful Termination
The following steps are pursued by EEOC offices in providing employees with remedies for wrongful termination:
- Investigation
- Mediation/Conciliation
- When appropriate, filing a lawsuit
If no remedies or compensation are provided within 180 days, employees may seek the help of an employee rights attorney for private civil legal remedies.
Legal Remedies for Wrongful Termination
Employees who have been wrongfully terminated have the right to pursue a number of remedies under federal and state laws:
- Reinstatement
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
In Colorado, employers may face additional penalties when found guilty of wrongful termination under state laws:
- Jury duty – Class 2 misdemeanor conviction, with fines of $250 to $2,000, and/or between 3 and 12 months in jail; may also be liable to the employee for triple damages and attorney’s fees.
- Child support, medical support, and health insurance garnishment – May be liable to terminated employee for up to 6 week’s wages, reinstatement, court costs and attorney’s fees.
- Whistleblower – Public employees may file a written complaint within 30 days for back pay, reinstatement, lost seniority, expunged records, and any other relief deemed appropriate. Private employees may file civil suits for damages, court costs, and other appropriate remedies.
The EEOC begins the process of filing claims and seeking remedies for wrongful termination; however, the employee may want to contact an employee rights attorney at any time to ensure that they are pursuing all the avenue of compensation and relief available in Colorado. If state remedies do not prove satisfactory, that attorney may then be prepared to pursue civil action much more quickly and efficiently.
Local Resources
Equal Employment Opportunity Commission Offices
Denver District Office
303 E. 17th Avenue, Suite 510
Denver, CO 80203
303-866-1300 or
800-669-4000
TTY: 303-866-1950 or
800-669-6820
FAX: 303-866-1085
Civil Rights Division
Denver, CO
303-894-2997
800-262-4845
www.dora.state.co.us/Civil-Rights