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When is a termination a wrongful termination?

On Behalf of | Jun 15, 2017 | Wrongful Termination

Firing employees is one of the downsides of being an employer; however, when a situation calls for it, it has to be done. For an employee, being fired can come as a devastating blow, especially if the reason behind it just does not seem above board. Those in Colorado who have lost their jobs have every right to question if they are victims of wrongful termination.

Employers have the right to make calls that they think are in the best interests of their company. However, they have to tread lightly when it comes to firing employees. There simply are certain reasons for which they are not permitted to release people from their positions.

The first reason that will be discussed is firing based on discrimination. Releasing an employee from his or her position due to his or her race, gender, disability, age, religion or other protected status is illegal according to federal law. The government has defined these as protected classes.

The second reason that will be discussed is firing for retaliation. Employees ask questions, file complaints, seek to utilize benefits and take other actions with which an employer may not agree. Depending on the action, it may be a fireable offense or it may not. At the end of the day, an employer cannot fire an employee just to get back at him or her. There has to be a valid reason.

Finally the third reason that will be discussed is immigration status. Colorado is the home state to numerous immigrants who have entered the country looking for a better life. If they are legally eligible to work, an employer cannot fire them simply because of their current immigrant status.

While federal laws protect employees from wrongful termination, it does still happen more often than anyone likes to think. However, proving that one is a victim of wrongful termination can be a bit of a challenge. Colorado residents who believe that they have been released from their jobs illegally can take steps to seek compensation for their losses. An experienced employment law attorney can help with this.

Source: FindLaw, “Wrongful Termination Laws: Illegal Reasons“, Accessed on June 13, 2017