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Wrongful Termination Claims in Colorado In basic terms, wrongful termination occurs when an employee is fired for reasons that go against public policy. The experienced employment attorneys at HKM will stand up and fight for employees who have been terminated for wrongful reasons.
Employers might want to include the following elements in a written warning:the date of the warning;the name of the employee;the name and position of the person issuing the discipline;the level/type of discipline (e.g., written warning or written warning with three-day suspension);More items...?
Here are the 10 guidelines for drafting a written warning.Document verbal warnings first. Track all verbal warnings and disciplinary measures in writing at the time they are given.Determine tone.Consult with manager.Formalities.State company policy.Describe what happened.State expectations.Outline consequences.More items...
An employer opreating in a unionized workplace must also remember that it:Must provide the union with information relevant to the discipline of a union employee;Must allow a union employee to have a union representative present during a meeting which the employee believes he or she may be disciplined;More items...
In Colorado, as in most states, the employer-employee relationship is generally considered at will. This means the employer can fire or demote the employee for any reason.
Here are the 10 guidelines for drafting a written warning.Document verbal warnings first. Track all verbal warnings and disciplinary measures in writing at the time they are given.Determine tone.Consult with manager.Formalities.State company policy.Describe what happened.State expectations.Outline consequences.More items...
If your Colorado employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, for example, you may have a legal claim against your employer for wrongful termination.
Unions bargained for, and in most (but not all) cases, included in contracts language that said the employer could not discharge or discipline employees without just cause. The "Just Cause Clause" is the key element in distinguishing unionized workplaces from nonunion.
In Colorado, if an employee handbook requires an employer to give a written warning, for example, before firing an employee, discharging one without such a warning can give rise to liability.
Other indicators of potential wrongful termination: Direct or circumstantial evidence of discriminatory treatment, including direct written or verbal statements, or termination of a specific group, or a firing after an employer learned your age, gender, nationality, religion or other factors.