Brake Law

A "wrongful termination" is one in which an employer has discharged or laid off an employee in violation of a legal right of the employee. It is not enough for the employee to simply show that he/she was treated unfairly, but the person must show that the firing was "wrongful" meaning one or more legal rights were violated.

Almost every state has adopted the legal concept of "employment at will," which developed in England centuries ago and means that it is presumed that the employer has the right to terminate someone with or without a reason, and also that the employee has the right to quit at any time with or without a reason. There are, however, some exceptions to the employee at will doctrine.

Employees are laid off every day in companies that are downsizing or because their employer decided to go in a different direction. Although the employment may be "at will," there may nevertheless be action that can be taken by the employees in the event the employer has acted in violation of applicable state or federal laws, or in violation of policies or procedures which the employer has put in place, and upon which the employees have reasonably relied.

If you think you've been wrongfully terminated, you may be able to bring a legal claim against your former company. While not all wrongful termination cases are successful, if the courts rule in your favor, you may be eligible for back pay, reinstatement, compensatory damages, punitive damages, attorneys' fees, etc.

To learn more about wrongful termination in Colorado, please contact the law firm of Andrew T. Brake, P.C. today.