Colorado Written Warning/Discharge Notice

State:
Multi-State
Control #:
US-0066BG
Format:
Word; 
Rich Text
Instant download

Description

In most cases, you will base your decision to terminate an employee on aspects of the person's work performance, such as excessive absenteeism, failure to complete projects on time or misuse of company property. Provide preliminary disciplinary action, such as verbal warnings and written warnings, for infractions before you opt for discharge. This gives the employee an opportunity to make adjustments to avoid termination. Document all disciplinary actions in writing, including the dates and times of the infractions and the actions taken in response to the infractions. If the employee does not improve his performance, documentation prevents the employee from claiming that you terminated his position without warning. Ask the employee to sign all disciplinary documentation. If he refuses, have a witness sign the documentation and note the employee's refusal to sign.
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FAQ

A Wrongful Discharge Claim May Exist under Colorado Statutes As with federal law, Colorado law prohibits termination decisions based on several protected categories, including race, gender, religion, disability, national origin, marital status, sexual orientation, and transgender status.

Colorado's lawful off-duty conduct statute prohibits an employer from wrongfully terminating an employee because the employee engaged in any lawful activity off the premises of the employer during nonworking hours.

The notice must include the following information: (a) the employer's name and address; (b) the employee's name and address; (c) the employee's identification number or the last four numbers of the employee's Social Security number; (d) the employee's start date, date of last day worked, year-to-date earnings and wages ...

Colorado follows the legal doctrine of ?employment-at-will?, which provides that employers and employees have an at-will relationship either of them may terminate at any time without advance notice or cause unless the employee is hired for a definite period of time or there is an agreement limiting the reasons for ...

Colorado law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Employers must also provide pregnancy accommodations, allow employees to access their personnel files and allow wage discussions.

As a general rule, Colorado follows the employment-at-will doctrine. This doctrine means the employer may discharge the employee at any time, with or without cause.

Wrongful Discharge: Constructive Discharge An employee may assert a wrongful discharge claim based on constructive discharge under federal civil rights laws and Colorado law.

Wrongful termination claims can be brought against a company for several reasons, including: Discrimination based on a protected class. Wage and hour disputes. Retaliation, such as in a whistleblower case.

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Colorado Written Warning/Discharge Notice