Losing your job can be one of the most stressful and disruptive experiences in a person’s life, impacting not only your financial stability but also your sense of professional identity and emotional well-being. The situation is made even more challenging when the termination feels unjust or is potentially unlawful. Understanding your rights in this difficult time is the first step toward seeking justice and moving forward.
At Howard O. Bernstein, P.C., we understand how overwhelming this situation can be, and we are committed to helping you understand your rights and the legal recourse available in the event of wrongful termination. Our attorneys assist clients in Boulder, Colorado, and throughout Nederland, Longmont, Broomfield, North Glen, and the Denver metro area. Schedule a consultation today to learn more about your rights.
What Constitutes Wrongful Termination in Colorado?
Colorado is an "at-will" employment state, meaning employers can terminate employees at any time and for almost any reason, with or without notice. However, this does not give employers the right to violate federal or state laws. Wrongful termination occurs when an employee is fired in violation of specific legal protections, such as:
Discrimination – Firing an employee based on their race, color, religion, sex, national origin, age (40 or older), disability, or genetic information, as outlined by Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act (CADA).
Retaliation – Terminating an employee in retaliation for exercising lawful rights, such as filing a complaint about workplace harassment or reporting safety violations under whistleblower protection laws.
Violation of employment contracts – If there is a written or implied employment agreement that specifies terms for termination, employers must abide by those terms.
FMLA violations – Terminating an employee for taking leave under the Family and Medical Leave Act (FMLA) for qualified medical or family reasons.
If you suspect your termination falls into one of these categories, contact our firm to assess your case.
Protections Under the Colorado Anti-Discrimination Act (CADA)
The Colorado Anti-Discrimination Act is particularly important in wrongful termination cases in the state. CADA protects against job discrimination and requires employers to treat employees equitably in hiring, firing, and other employment decisions. Employers with at least one employee must comply with these regulations, offering significant protections to workers in Colorado.
If you believe you have been terminated due to discrimination, this may be a strong foundation for a wrongful termination claim.
Steps to Take if You Believe You Were Wrongfully Terminated
If you suspect that your termination was wrongful, we recommend taking the following steps to safeguard your rights:
Document everything – Keep detailed records of events leading up to your termination, including emails, performance reviews, and any communication with your employer. These documents could serve as evidence in your case.
Request the reason for termination in writing – Colorado law does not require employers to provide termination reasons, but a written request may compel them to outline their justification, which could be used in a legal proceeding if their reasoning is inconsistent or discriminatory.
File a complaint – Depending on the nature of the termination, you may need to file a complaint with the Colorado Civil Rights Division (CCRD) or the U.S. Equal Employment Opportunity Commission (EEOC) before pursuing legal action.
Contact an experienced employment attorney – At Howard O. Bernstein, P.C., we specialize in helping clients address unlawful workplace actions, including wrongful termination cases. We can assist you in evaluating your situation, gathering evidence, and pursuing your claim.
By taking these steps, you can build a strong foundation for your case and verify that your rights are protected. Our firm is prepared to guide you through this process with the proficiency and support necessary to achieve a just outcome.
Remedies Available in a Wrongful Termination Case
If you are successful in proving that your termination was unlawful, you may be entitled to various remedies, including:
Compensation for lost wages – This includes back pay for the period you were unemployed and, potentially, front pay for future wages lost.
Reinstatement – An order for your employer to reinstate you to your previous position, if possible.
Damages – For emotional distress, pain, and suffering caused by the wrongful termination.
Punitive damages – If your employer's actions were especially egregious, punitive damages may be awarded to punish the employer and deter future misconduct.
The specific remedies awarded will depend on the details of your case. Our attorneys can help you understand the potential outcomes and work to obtain the compensation you deserve.
Why Work With Howard O. Bernstein, P.C.?
At Howard O. Bernstein, P.C., we take pride in providing client-focused, results-driven representation for individuals facing employment law challenges in Colorado. Our extensive experience with wrongful termination cases allows us to develop strategies tailored to your unique circumstances. From initial case evaluations to handling difficult litigation, we are here to advocate for your rights every step of the way.
If you believe you’ve been wrongfully terminated, don’t wait to take action. Reach out to us today to schedule a consultation and learn how we can help you pursue justice and move forward with confidence.