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Filing For Unemployment
Colorado is an “at will” state, which means that your employer can fire you at any point for any reason, or even no reason at all. For example, your employer can fire you for liking the Yankees, wearing a red shirt, or for simply not liking you. While the “at will” rule might make it seem as though you have no recourse should you be fired, there are exceptions to the rule, including discrimination and sexual harassment, violating public policy, and implied contract.
The experienced team at Ramos Law has helped countless employees and we want to help you too! If you believe you are a victim of wrongful termination you may be eligible to file a complaint for back pay and lost wages, reinstatement to your job, and punitive damages.
Contact our Colorado employment law attorneys today for a free case evaluation!
As an employee, you have a federal and state right not to be discriminated against or sexually harassed. It is the employer’s responsibility under the law to provide their employees with a workplace that is free of harassment, discrimination, or retaliation for reporting any kind of harassment or discrimination. Retaliation is illegal under federal law and Colorado state law.
If you believe you were fired due to retaliation or because of your race, gender, color, national origin, disability, age, pregnancy, ancestry, religious beliefs, or sexual orientation, you need to speak to an experienced wrongful termination attorney as soon as possible.
Employment discrimination and harassment cases must be filed and investigated first through an agency, either the Equal Employment Opportunity Commission (EEOC), which is a federal agency, or the Colorado Civil Rights Division (CCRD), which is a state agency. Your attorney can help you with the process.
You cannot file an employment discrimination, harassment, or retaliation lawsuit without an agency first investigating your claims. The statute of limitations changes depending on where you file your charge. In the CCRD, the statute of limitations is only 180 days. In the EEOC, the statute of limitations is 300 days. The statute of limitations counts back to the last incident of discrimination/harassment. These deadlines are especially important if you have been dealing with a difficult employer for a long period of time. Of course, other circumstances may exist, and if you believe you have experienced discrimination for being in a protected class, you should contact us at Ramos Law to be sure.
These deadlines may seem long, but this time can pass very quickly. Because of this, it is very important that you contact an experienced attorney as soon as possible. A good employment lawyer will be able to advise you on the agency deadlines you might be dealing with and whether or not you may have a wrongful termination case.
There are certain actions that are widely accepted by society as invalid for termination, which falls under Employment-At-Will. Some of these reasons include performing a public duty, refusing to do something illegal, or implementing a job-related right. Examples of these public policy violations include:
If you believe you are a victim of wrongful termination you may be able to eligible to file a complaint for back pay and lost wages, reinstatement to your job, punitive damages, as well as attorney fees and costs.
Most Colorado businesses are careful not to promise or imply permanent employment to their workers. However, there are cases where procedures and policies can imply permanent or long-duration employment, such as when the employee handbook outlines a progressive disciplinary policy. These policies must be applied in the same manner for all employees covered under that policy.
It is the same for independent contractors, and Union employees: contracts and provisions that detail termination policies must be followed by the employer. While union workers can take their case to their union representative, independent contractors and employees should consult an employment attorney if they were terminated prior to the contract end date, as it may be considered a breach of contract.
After so many years representing clients who were wrongfully terminated, The Ramos Law Firm has created a list of the most common questions we’ve received. To make it easier to understand Colorado wrongful termination laws, we’ve included that list here.
If your employer has more than 50 employees, then you should be protected under the federal Family and Medical Leave Act and should not have been let go. In fact, FMLA allows you take up to 90 days unpaid days off after the birth of your child, after which you should be able to return to your position and suffer no discrimination. Speak to your Colorado employment law attorney right away to see if you are eligible to file a discrimination claim.
As an employee, if you work in a hostile environment because of your race, you can bring a race harassment case against your employer, provided you followed the grievance procedures established by your employer. Speak to your employment law attorney as soon as possible. You only have so many month to file a harassment claim.
If you believe you have been wrongfully terminated, speak to your wrongful termination attorney right away and request a written explanation of why you fired. Get the contact information for any of your fellow employees who could be witnesses or offer evidence of your wrongful termination for your attorney. You can file a written demand with the company for back wages or commissions that are due to you and be sure to give your attorney any reply you may receive. Your attorney will investigate your case and advise you on whether you have a case or of any additional measures you should take.
I am an independent contractor who was working under contract for a large company. After 8 months, they terminated my contract out of the blue saying they no longer needed my services. I turned work away to fulfill my contractual obligations to that company. What can I do?
If the business terminated your contract prior to the agreed contract end date, you may be able to file a breach of contract claim against them and seek damages or other compensation for your lost income. However, you need to speak with an experienced Colorado wrongful termination attorney as soon as possible because of the statute of limitations on breach of contract and wrongful termination laws.
The team at Ramos Law serves clients who have been subject to wrongful termination and other unfair and illegal employment practices. We have vast experience and knowledge in various employment cases and can save you a lot of time finding out if state laws apply to your situation.
If you think you have been wrongfully terminated, you might have the right to financial compensation and we want to help you. Contact our team at Ramos Law today.
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