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The vast majority of employees are considered “at will” employees. In short, this means the employment relationship can terminate at any time. While well established, this “at will” status is not without limitation. While not exhaustive, the following provides some examples of actions that may be found to be wrongful:
I’ve seen it all. I will determine if you have a solid case and help you understand the next steps to take.
– Michael Robert Waters
Being fired in violation of federal or state statute,
which may include, but not be limited to, the following:
- Family Medical Leave Act
- Title VII of the Civil Rights Act of 1964
- Sexual harassment
- Americans with Disabilities Act
- Age Discrimination Employment Act
- Colorado Anti-Discrimination Statute
- Colorado’s Pregnant Workers Fairness Act;
- Fair Labor Standards Act;
- Being fired for providing information about an employer’s illegal actions to an outside forum;
- Being fired for participating in jury duty; and
- Being fired for enforcing or assisting another in enforcing a legal right.
An employee may also have a claim for “constructive discharge” if and when an employer creates working conditions that are so unbearable the employee, when compared to a reasonable person standard, has no choice but to terminate their employment.
Employers are prohibited from retaliating against employees when that retaliation
is premised upon a state or federal law. Common examples of this include:
- Retaliation for seeking medical leave pursuant to the Family Medical Leave Act or Colorado’s Pregnant Workers Fairness Act;
- Retaliation for making a complaint or claim based upon age, race, gender, sexual orientation, pregnancy, ethnicity, or any disability as allowed by Title VII of the Civil Rights Act, Americans with Disability Act, Age Discrimination in Employment Act, or the Colorado Anti-Discrimination Statute;
- Retaliation for complaints about sexual harassment; or
- Retaliation for seeking full payment of wages or legally required lunch and rest breaks.
55 years of experience
Meet Your Lawyers
Michael Robert Waters
Mike has 36 years of experience specializing in civil litigation, personal injury, contract law, and mediation.
Dawn Renee Kubik
Dawn has 19 years of experience as a litigator who excels in personal injury, employment and contract disputes, and workplace investigations.