Being treated poorly by an employer does not necessarily mean you are discriminated against, any more than being fired is necessarily an act of retaliation. Both retaliation and wrongful termination are legal terms and a case must first fit the legal definition before an employee or former employee can expect any kind of legal action to be warranted, much less successful. Colorado employees and former employees may want to be familiar with the legal parameters of retaliation and wrongful termination before deciding whether or not to pursue action.
First of all, a person must have been engaged in a protected activity before claiming retaliation. There are many examples of a protected activity. One common protected activity that can lead to retaliation is opposition to a practice or activity that is believed to be discriminatory against another person. If a complaint of such practices results in firing, that action would be retaliation.
Adverse action against you must be levied in some way to legally count as either retaliation or wrongful termination. One example of an adverse action may be being transferred or demoted based on that protected activity. Other examples of adverse action can include a negative performance review or being fired in general.
Not every workplace situation that has a negative impact on employees in Colorado can be attested to an illegal practice. However, wrongful termination and retaliation do occur and it may be more common than some realize. If you feel you or a co-worker have been the victim of these illegal practices, our website may be able to provide more information and guidelines for what actions may be warranted.