Are you concerned about your employer firing you because you had to file a workers’ compensation claim?
If you’ve been injured on the job in the state of Colorado, it is technically legal for an employer to fire you during the process of a workers’ compensation claim. However, employers are not legally able to fire employees out of retaliation because of the claim. They must present valid reasons for the termination.
Colorado is an “at will” employment state. Enjuris explains that Colorado follows the legal doctrine of “employment-at-will”, which states that, unless otherwise required in a contract, an employer is not required to give advance notice of termination. In addition, if your employer decides to let you go, you have very limited legal rights to fight the termination.
In order to terminate your job, your Colorado employer does have to show just cause that your actions were somehow responsible for your firing. Common reasons employers use to terminate an employee are:
- Not showing up to work and/or failing to give notice of an absence (no call no show)
- Showing up late to work
- Unethical conduct
- Failing to perform job duties up to standard
- Personality issues
- Lying, stealing or falsifying information
- Disagreements with a superior
- Failure to follow orders
- Failure to pass a drug or alcohol test
If you believe your employer has unjustly terminated you in response to your workers’ compensation claim, it is in your best interest to call a qualified workers’ compensation attorney immediately.
For more information regarding specific injuries, read our article: Does Colorado Workers’ Compensation cover all Injuries?