The air felt heavier after that final meeting. You walked out with a box of your belongings, but left behind your sense of justice. Your voice, once strong enough to question unpaid wages or report mistreatment, was silenced through retaliation, not reason. If you’ve been fired after wage complaints, you know the emotional toll it takes: the sleepless nights, the questions that loop in your mind, the sting of unfairness that lingers long after the paycheck stops.
But here’s the truth: awareness is your armor, and action is your power. You are not alone, and you are not without recourse. Understanding your rights under Colorado and federal law can mean the difference between walking away in silence and standing up with strength.
Have you been dismissed for doing what’s right? It’s time to ask: Was your termination legal or a wrongful act that demands justice?
Understanding Wrongful Termination in Colorado
Wrongful termination occurs when an employer fires an employee for illegal reasons, violating either statutory protections or contractual obligations. While Colorado follows an “at-will employment” doctrine, meaning employers can terminate employees at any time for nearly any reason, there are crucial exceptions.
Employers cannot fire workers for reasons that violate federal and state laws. These include terminations based on discrimination, retaliation, or the exercise of legal rights, such as filing a workers’ compensation claim or reporting unpaid wages.
Colorado Wage Act
Under the Colorado Wage Act (C.R.S. § 8-4-101 et seq.), employers must pay all earned, vested, and clearly defined wages within the timeframes set by law. These wages include not just regular pay but also overtime pay, qualifying commissions, and unused vacation time treated as wages under the company’s policy.
The law outlines specific deadlines:
- If an employee quits, the employer must pay their remaining wages by the next regular payday.
- If the employer terminates the worker, they must deliver final wages immediately. If the payroll office is on-site, this means within six hours of the next business day. If off-site, the employer has 24 hours to comply.
Colorado law also prohibits employers from retaliating. According to C.R.S. § 8-4-120, employers cannot punish or terminate a worker for:
- Filing a wage complaint
- Participating in a wage-related investigation
- Demanding unpaid wages, including overtime
When an employer fires someone for asserting these rights, they may have committed unlawful retaliation, a violation that could support a wrongful termination claim under Colorado law.
Examples of wrongful discharge include:
- Termination shortly after reporting unpaid wages
- Being fired for questioning overtime pay discrepancies
- Dismissal for contacting the Equal Employment Opportunity Commission about discrimination
If any of these apply to your situation, you may have grounds for a wrongful termination lawsuit.
Retaliation After Wage Complaints: What the Law Says
Colorado law and federal law both prohibit employers from retaliating against workers who assert their legal rights. That includes reporting violations of wage laws or asking for equal pay for equal work.
The Colorado Wage Act mandates that employers pay wages immediately or within a certain period after separation. It also entitles employees to recover not just their unpaid wages, but also potential penalties if the employer delays payment. Retaliation for invoking these rights can trigger unlawful termination claims.
Similarly, federal laws such as the Fair Labor Standards Act (FLSA) protect eligible employees from retaliation after reporting wage violations. These protections apply regardless of whether the complaint was made internally or to a government agency.
Protected activities include:
- Filing a wage complaint with HR or the Department of Labor.
- Discussing unpaid wages with coworkers.
- Requesting sick leave under company policy or state law.
An employer’s actions, such as sudden disciplinary actions or job termination, shortly after such complaints, can reveal retaliatory intent, strengthening a wrongful termination case.
Common Grounds for Wrongful Termination Lawsuits
Employees in Colorado have legal rights that protect them from being wrongfully terminated.
Common grounds for a wrongful termination claim include:
- Retaliation: Termination after a protected action, like reporting wage theft.
- Discrimination: Firing based on protected statuses such as sexual orientation, race, gender, religion, or national origin under the Colorado Anti-Discrimination Act.
- Violation of employment contract: Terminating someone in a way that breaches their employment contract.
- Public policy violation: Firing an employee for refusing to commit an illegal act.
Though most employees are “at-will,” meaning employers don’t need advance notice to terminate, there are legal boundaries. If the termination stems from retaliation or discrimination based on protected statuses, it becomes illegal.
Wrongfully terminated workers often face not just job loss, but also emotional distress, lost wages, and lost benefits. Understanding the circumstances surrounding your termination is key to evaluating the strength of your claim.
The Role of Federal and State Protections
Both federal and state employment laws offer overlapping protections to ensure employees are treated fairly. These laws prohibit employers from taking adverse employment decisions, such as firing or demoting, based on retaliation or discrimination.
Federal protections include:
- Title VII of the Civil Rights Act: Prohibits discrimination based on race, color, religion, sex, and national origin.
- Equal Pay Act: Requires equal pay for equal work regardless of gender.
- FLSA: Covers minimum wage, overtime pay, and retaliation protections.
Colorado law complements these with robust local statutes like the Colorado Anti-Discrimination Act and the Colorado Wage Act. Together, they create a safety net ensuring fair compensation, job security, and the right to speak up without fear of retaliation.
Even if your employer claims “at-will” rights, they cannot use them as a shield against unlawful behavior. Employees must be treated fairly and in accordance with company policy, employee handbooks, and employment laws.
Building a Strong Wrongful Termination Case
If you believe you were wrongfully discharged after raising wage-related concerns, it’s crucial to act promptly. Your wrongful termination case will depend on the details of your employment relationship, the timing of events, and the available documentation.
Steps to build your case:
1. Document everything:
Keep emails, text messages, disciplinary actions, or performance reviews that show a shift after your complaint.
2. Review your employment contract and employee handbook:
These documents may include contractual obligations that your employer has violated.
3. Note timelines:
Track the date you reported unpaid wages and when the employer fired you.
4. Gather evidence of damages:
Include unpaid wages, emotional distress, and lost job opportunities.
Legal claims become stronger when you can show that the employer’s actions were retaliatory and in response to legally protected behavior. You must file your claim within the legal deadlines to preserve your right to seek compensation.
How Legal Professionals Can Help You Reclaim Your Rights
Although pursuing a wrongful termination lawsuit may seem daunting, having a dedicated employment attorney on your side can make the process manageable. Wrongful termination attorneys understand the legal framework and the real-life pressures you face after being unfairly dismissed.
They can evaluate the employer’s actions against the relevant laws, both federal and state-specific, to determine if your termination crossed legal lines. A skilled Denver wrongful termination lawyer will know how to gather supporting evidence, negotiate a fair settlement, or pursue litigation when necessary.
Compensation may include:
- Reimbursement for lost wages and lost benefits.
- Payment for emotional distress and reputational damage.
- Punitive damages in cases involving especially harmful or reckless conduct
Remember, many legal rights require swift action. Filing a complaint with the Equal Employment Opportunity Commission or pursuing legal counsel early can protect your ability to file a valid claim.
Take Action if You’ve Been Wrongfully Terminated
Being fired after raising concerns about wages isn’t just unfair, it may be illegal. If your employer fired you for exercising your rights, you have the right to file a wrongful termination claim under Colorado and federal law. Wrongful discharge not only affects your finances but also your dignity and mental health.
Bourassa Law Group stands ready to help you understand your legal rights and options. If you were wrongfully terminated for complaining about unpaid wages, overtime pay, or unfair treatment, reach out to us. Our Denver wrongful termination attorneys will help you determine whether your employer violated the law and how to move forward with a strong legal claim.
Don’t let illegal terminations go unchallenged. Contact us today for a free consultation and take the first step toward justice.
1-800-870-8910