The Law Firm of Thomas H. Terry
Employee Rights and Wrongful Termination in Colorado Springs

    Are you an employee who is facing termination and looking for protection?  Or were you recently terminated and want to know your rights?  Perhaps you are simply looking to have a severance package or contract reviewed.  Whatever your particular circumstances, chances are that we can provide you the employment law information you need to make informed decisions about your future.  If your facts warrant it, we may be willing to represent you in court as your employment attorney.

For a discounted initial consultation, call us at (719) 633-0909 or email to action@tomterrylaw.com.


Want to know more before your initial consultation?  Read on...


Not sure that litigation is the answer?  We may be willing to start by representing you in negotiations or mediation, or simply writing a demand letter setting forth the basis of a possible claim against the employer that you might bring later.  Our firm has been successful in many instances in avoiding litigation through letters and/or negotiation and mediation.


Need unemployment benefits from an unwilling employer?
We can provide you experienced representation at your unemployment appeals hearing, increasing your odds of success.  Even if you lack the funds to hire us for full representation at the hearing, many clients have elected to pay us on an hourly basis to assist them in preparing to represent themselves.  While not the ideal solution, many clients have found this to be a successful and cost-effective alternative to full representation.    


Wondering what your rights to your job are in Colorado?
Employees in Colorado are presumed to be at-will, meaning that you can be fired or hired, for any reason or no reason, so long as not an illegal reason.  However, there are a number of illegal reasons which may allow an employee to bring suit against an employer.  In addition, you may not actually be an at-will employee.  If you have a contract that sets out the length of your employment, or your company has a progressive discipline policy, or you are covered by a collective bargaining agreement, or work for a government entity, you might be a “just cause” employee, meaning that your employment can only be properly terminated if there is a justifiable reason.
 

You should also keep in mind that even if you are an at-will employee, for purposes of whether or not you are entitled to receive unemployment benefits, the Department of Labor engages in something similar to a just cause analysis of the circumstances of your termination.
    

Wondering what claims you might be able to bring against an employer?
If you have been terminated or demoted for any of the following you might have a claim against your employer.  The list is not comprehensive:

Age, race, national origin, religion, gender, sexual orientation, disability, marital status, pregnancy, children, a family medical leave, unwanted sexual advances, political beliefs, filing bankruptcy, taking a leave to protect yourself against domestic violence, military service, serving on a jury, testifying at court, filing of a workers compensation claim, filing a complaint regarding workplace safety, refusing to break the law, engaging in a lawful off-duty activity (i.e., smoking, charitable membership, etc). 

Some other possible claims against an employer include, but are not limited to:
Breach of contract, intentional infliction of emotional distress/outrageous conduct, invasion of privacy, defamation, unpaid wages, and overtime.

Wondering if an employer might be able to sue you?
Although this is not common, it happens.  Some possible claims that an employer might bring against a current or former employee include, but are not limited to, the following:

Breach of contract, violation of a covenant-not-to-compete, defamation, conversion (theft), overpayment of wages, breach of the duty of loyalty, misappropriation of trade secrets, fraud, interference with contract, and unjust enrichment.

If you are threatened with any of these, or other claims, it is important that you promptly consult an employment or labor law attorney.  You should NOT presume that the employer is right.  For example, covenants-not-to-compete are often unenforceable and the employer may just be trying to intimidate you, hoping that you will not seek legal counsel.  On the other hand, it is equally important NOT to presume that the employer is wrong.  For example, if the employer does have a valid covenant-not-to-compete, you risk serious financial consequences.  We can help you know what the law is and assess your risk.

For a discounted initial consultation, call us now at (719) 633-0909 or email to
action@tomterrylaw.com.

© Copyright 2008, Thomas H. Terry, All Rights Reserved. The information contained on this website is for informational purposes only. Nothing herein should be construed as legal advice. We are a federally designated debt relief agency. We help people file for bankruptcy under the Federal Bankruptcy Code. Laws and office policies subject to change without notice.