Whether one is employed in Colorado or elsewhere, losing a job can deal a significant blow both emotionally and financially. When it happens, it is normal to question if the firing can be considered a wrongful termination. The truth is, there are plenty of firings that take place that are perfectly legal. There are, however, certain situations that could warrant legal action.
So when can being let go from a company be considered a wrongful termination? There are various reasons as to why a termination may be illegal. Three of them include discrimination, disability and retaliation.
Discrimination is a big one. It is illegal to fire a person because of his or her race, gender, sexual orientation, gender identity, national origin or age. Anyone who feels that they are victims of wrongful termination based on any form of discrimination may file legal claims against one’s former employers.
According to the Americans with Disabilities Act, an employer cannot fire an employee who requests that accommodations be made for his or her disability. The same can be said for an employee who becomes disabled and then requests disability status. Requested accommodations must be considered reasonable.
Finally, retaliation. Employees are allowed to engage in what are identified as protected actions. These include whistleblowing, forming a union and filing formal complaints of harassment of discrimination — among others. If one is fired after doing any of these things, he or she may take legal actions in order to seek compensation for any losses experienced as a result.
Colorado residents who are not sure if their being fired was legally justified can turn to an experienced employment law attorney for guidance. After a careful review of one’s case, it can then be determined if a wrongful termination lawsuit is an appropriate action to take. If it is, one’s legal counsel can then file the necessary legal motion and either litigate or settle the case out of court.
Source: FindLaw, “When Can You Sue for Wrongful Termination?“, Brett Snider, Accessed on July 5, 2017