Let’s face it; nobody likes getting fired. However, getting dismissed for retaliating against illegal activities, such as harassment or discrimination, is pure injustice. Unlike regular termination, which typically occurs for valid reasons like poor performance, policy violation, or employee misconduct, wrongful termination violates local or state employment laws in Colorado and contractual agreements.
In other words, you can sue your employer for wrongful termination. However, you’ll need a strong Colorado employee rights lawyer to represent you in court and get the compensation you deserve.
In this post, we’ll discuss the role of employer retaliation in wrongful termination cases and share a simple guide to filing a claim against your employer for economic and non-economic damages.
Wrongful Termination and Employee Retaliation Explained
Every US state allows employers to terminate employee contracts without specifying the reason. However, there are exceptions to this law. For instance, the termination cannot be due to:
- Racial, sexual, or religious discrimination
- Retaliation for asserting legal rights
While most people understand discrimination, retaliation can be a tricky concept. Simply put, employer retaliation is when an employer scrutinizes or punishes employees for:
- Reporting workplace crimes
- Speaking against discrimination
- Reporting safety violations
- Participating in union activities
- Whistleblowing, etc.
Retaliatory actions can take many forms, including (but not limited to:
1. Pay Cuts or Reduction
Your boss may retaliate by cutting your salary or hourly wage. The reduction can be temporary or long-term, depending on your complaints or engagement in protected activities.
Your employer could demote you to a lower designation or position, affecting your pay due to reduced responsibilities.
3. Negative Performance Evaluation
Many employers may not retaliate right away. However, they might hold a grudge and assess your performance negatively, affecting your potential appraisal, promotion, and career growth.
4. Exclusion & Isolation
Most workplaces, especially large organizations, have various departments and groups. Some may agree with your actions. Others won’t. Therefore, you can expect exclusion from important meetings and isolation from social events.
5. Unnecessary Disciplinary Action
One of the easiest ways employers retaliate against employees speaking up is through warnings and suspension, thinking they would stop engaging in protected activities due to the fear of getting fired.
The Link Between Employer Retaliation & Wrongful Termination
Wrongful termination is the most severe form of employer retaliation. Many employers simply fire employees for engaging in protected activities instead of demoting them or reducing their salary. Since engaging in protected activities doesn’t justify termination, you have the right to pursue legal action by hiring a Colorado wrongful termination authority.
Wrongful termination can affect your lifestyle, finances, and overall well-being. Hence, you’re entitled to fair compensation for economic and non-economic damages for getting fired illegally.
How Can I Sue My Boss for Wrongful Termination If They Retaliated Against My Response to Unlawful Activities?
Below are the steps you can take to sue your boss for retaliatory actions and wrongful termination:
1. Consult with an Experienced Employee Rights Attorney in Colorado
Whether in Denver, Colorado Springs, or Aurora, you must seek legal advice from an experienced Colorado wrongful termination employee. You can start with a simple Google search asking, How Can I Sue My Boss for Wrongful Termination in Colorado?” to find different law offices offering free consultations.
Your attorney will assess your case and review any evidence available. They’ll guide you on how to proceed further.
2. Gather Evidence
Proving wrongful termination requires solid evidence. So, you’ll need to document all the activities that led to your termination. You can share emails, witness statements, and footage of discrimination and other incidents with your lawyer.
3. Complain to Government Agencies or Regulatory Bodies
Most organizations must comply with certain regulatory bodies and government agencies. You must file a complaint with these bodies before taking legal action against your employer. They can investigate your termination and resolve the matter without involving the courts. Popular bodies include:
4. File a Lawsuit
If complaints are ineffective, you can sue your employer for wrongful termination. Your lawyer will prepare the necessary paperwork and file your claim in the proper district court. Your lawsuit will outline the damages, evidence, and compensation demands.
5. Settlement or Trial
Your employer may be willing to settle to accelerate and conclude the legal process. Your attorney will present your demands and receive your offer. If you’re unhappy with the offer, you can proceed to trial, where both parties will testify and present arguments before a judge or jury before the final verdict.
Contact a Colorado Employee Rights Lawyer Right Away!
If you’ve been fired for retaliating against discrimination, unfair treatment, and other unlawful activities (including those of a criminal nature), the Bourassa Law Group can help. Our experienced Colorado wrongful termination lawyers have the expertise and resources to hold your employer accountable for their illegal actions.
So, if you’re feeling betrayed, helpless, and uncertain about your career after getting fired illegally, get in touch now for a free consultation at 800-870-8910. We’ll discuss your wrongful termination case and your employer’s retaliatory actions.
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