Learn when you can and can’t legally be terminated after filing a Colorado workers’ comp claim
Are you concerned that your employer might fire you because you got hurt at work and filed a workers’ compensation claim?
It’s a fear many injured workers share, especially when dealing with the financial and emotional stress of a workplace injury. While Colorado law protects your right to file a workers’ compensation claim without retaliation, it doesn’t necessarily mean you can’t legally be fired after filing a claim.
Understanding the relationship between workers’ compensation laws and employment protections is critical. This article explains your rights as an employee in Colorado, the circumstances under which you can be terminated after filing a claim, and what you can do if you believe your employer has acted unfairly.
If you’re worried about losing your job or facing retaliation after an on-the-job injury in Colorado, reach out to the experienced Denver workers’ compensation attorneys at Babcock Tucker for a free consultation. We can help protect your rights.
Can I get terminated while on workers’ compensation in Colorado?
If you’ve been injured on the job in the state of Colorado, it’s technically legal for an employer to fire you during the process of a workers’ compensation claim.
This is because Colorado is an “at will” employment state. As Enjuris explains, Colorado follows the legal doctrine of “employment-at-will,” which states that, unless otherwise specified in a contract, an employer is not required to give advance notice of termination. In addition, if an employer decides to let an employee go, they often have very limited legal rights to fight the termination.
However, employers are not legally allowed to fire an employee solely out of retaliation for filing a workers’ comp claim. They must present valid reasons for the termination.
When can I legally be fired after filing a workers’ comp claim in Colorado?
In order to terminate you after filing a Colorado workers’ comp claim, your employer does have to show just cause that your actions (or inactions) were the reason for your termination. Common reasons employers use to legally terminate an employee after filing for workers’ comp include:
- Unexcused absences or no call/no show. Repeatedly missing work without notifying the employer can demonstrate a lack of reliability and commitment.
- Chronic tardiness. Consistently arriving late to work, especially without valid reasons, can disrupt workflows and negatively impact team dynamics.
- Insubordination. Defying orders, refusing to complete assigned tasks, or arguing with supervisors can lead to dismissal for undermining workplace authority.
- Unethical conduct. Engaging in activities like harassment, discrimination, or breaches of confidentiality violates workplace ethics and can result in termination.
- Underperformance. Failing to meet job expectations, missing deadlines, or producing subpar work on a consistent basis often leads to dismissal.
- Dishonesty or theft. Lying, falsifying records, or stealing from the employer undermines trust and can lead to immediate dismissal.
- Conflicts of interest. Engaging in activities that conflict with the company’s interests or represent a breach of loyalty can lead to dismissal.
- Noncompliance with policies or procedures. Failure to follow workplace rules, safety guidelines, or company policies is a common reason for termination.
- Failing a drug or alcohol test. Violating drug-free workplace policies or working under the influence of drugs or alcohol jeopardizes safety and productivity and can lead to termination.
- Misuse of company property or resources. Unauthorized use of workplace equipment, supplies, or time for personal purposes can lead to termination.
- Repeated warnings or disciplinary actions. A pattern of behavior that leads to multiple warnings or corrective actions may ultimately result in termination.
- Poor attitude or lack of teamwork. A negative or uncooperative attitude that disrupts team cohesion or morale can lead to dismissal.
- Personality conflicts. Serious issues with coworkers or supervisors that create a toxic work environment can contribute to termination decisions, especially if the situation escalates to bullying or harassment.
Employers often provide warnings or opportunities for improvement before resorting to termination, but they aren’t legally required to do so in Colorado.
Why Was Your Colorado Workers’ Compensation Claim Denied?
7 common reasons for a denial of workers’ compensation benefits.
When might a worker have the right to sue their employer for wrongful termination in Colorado?
Since Colorado is an “at will” state, it can be difficult to successfully sue an employer for wrongful termination. However, there are situations where a termination crosses the line and becomes illegal. If an employer fires a worker for reasons that violate state or federal laws, the worker may have the right to sue for wrongful termination.
Below are some examples where termination may be illegal in Colorado:
- Retaliation for exercising legal rights. It’s illegal for an employer to fire you solely for filing a workers’ compensation claim, taking paid sick leave under the Healthy Families and Workplaces Act, or raising concerns about unsafe working conditions. If your termination is tied to exercising these rights, you may have grounds for a wrongful termination lawsuit.
- Whistleblowing. If you report unlawful activities, workplace violations, or safety threats under laws like the Protected Health/Safety Expression and Whistleblowing Law (PHEW), your employer cannot legally retaliate against you by firing you.
- Violation of an employment contract. If you have an employment contract that specifies you can only be fired for certain reasons or after a specific process (e.g., progressive discipline), and your employer violates those terms, you may have a case for wrongful termination.
- Discrimination. Employers cannot terminate employees based on protected characteristics like race, color, religion, sex, national origin, age, disability, or pregnancy. Discrimination-based termination is illegal under both federal and state laws, like Title VII of the Civil Rights Act and the Colorado Anti-Discrimination Act.
- Retaliation for wage complaints. Reporting issues like unpaid wages, improper deductions, or overtime violations is protected under the Colorado Wage Act. Termination in response to such complaints could be grounds for a lawsuit.
- Public policy violations. If your termination violates a public policy, such as being fired for refusing to engage in illegal activity or exercising your legal rights (e.g., jury duty), you may have a wrongful termination claim.
If you believe you’ve been wrongfully terminated in Colorado, resources like the Colorado Civil Rights Division (CCRD) and the Colorado Department of Labor and Employment (CDLE) may be able to provide guidance as to your next steps.
Were you wrongly fired after filing a workers’ comp claim in Denver? We can help!
If you believe you’ve been wrongfully terminated after filing a workers’ compensation claim in Colorado, you don’t have to navigate this challenging situation alone.
The knowledgeable Denver work injury attorneys at Babcock Tucker understand the complexities of workers’ comp laws and wrongful termination in Colorado. We’re committed to protecting your rights, holding employers accountable, and ensuring you receive the workers’ comp benefits you deserve.
Contact Babcock Tucker today for a free consultation to discuss your situation and learn how we can advocate for you during this difficult time.
For more information regarding specific injuries, read our article: Does Colorado Workers’ Compensation Cover All Injuries?
