These forms contain a sample motion requesting permission to hire counsel, an order granting the motion, and a complaint alleging failure to pay Workmen's Compensation benefits and wrongful termination.
Colorado Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0251
Format:
Word;
Rich Text
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How to fill out Motion, Order And Complaint - Worker's Compensation - Wrongful Termination?
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FAQ
Filing A Claim For Wrongful Termination Claimants must file a complaint with the Colorado Human Rights Commission, located in Denver, which will record the complaint with the Equal Employment Opportunity Commission. The EEOC is the federal commission put in place to investigate workplace discrimination claims.
Your Employer Does Not Have To Hold Your Job Open Under Colorado workers' compensation law, your employer is not required to hold your job open for you or to provide you with a different job.
No compensation is payable for the first 3 days' disability unless the period of disability exceeds two weeks. You are entitled to reasonable and necessary medical treatment of compensable injuries or occupational diseases.
In Colorado, wrongful termination is defined as terminating an employee in a manner that violates public policy ? for instance, firing someone for exercising a legal right, refusing to commit a criminal act, reporting illegal workplace conduct, or engaging in lawful off-duty activities.
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. The employee may also, in turn, quit his/her employment at any time, with or without notice.
Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
Colorado follows an at-will employment law, allowing employers to terminate employees for any lawful reason, even if they are on workers' comp. However, employers cannot retaliate against employees for reporting injuries or filing workers' comp claims.