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One exception to the general rule in Colorado of at-will employment is wrongful discharge in violation of public policy. Claims that fall within this exception are those that “involv[e] a matter affecting society as a whole, rather than the personal or proprietary interests of the parties; actions which strike at the heart of a citizen’s social rights, duties, and responsibilities; and actions by an employer which lead to an outrageous result clearly inconsistent with a stated public policy.”  Hoyt v. Target Stores, 981 P.2d 188, 191 (Colo. App. 1998) (citation omitted).  Such claims have included “refusal to participate in illegal activity” and “the employee’s performance of an act that public policy would encourage under circumstances where retaliatory discharge is supported by evidence of employer’s bad faith, malice, or retaliation.” Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 107 (Colo. 1992) (citations omitted).  The essence of the public-policy exception “is to ensure that in order to keep his or her job, an employee is not required to forsake an important public duty (such as whistle-blowing) or to forgo a job-related right or privilege.”  Coors Brewing Co. v. Floyd, 978 P.2d 663, 667 n.2 (Colo. 1999).  Colorado common law claims for wrongful discharge in violation of public policy may be barred if they are predicated on the same conduct covered by statutory claims, such as Title VII or the Colorado Anti-Discrimination Act.

Devoted Lawyers Fighting Against Wrongful Termination

At Rathod | Mohamedbhai LLC, our lawyers have successfully represented many members of the community in wrongful termination cases.  Successfully bringing these cases requires a detailed understanding of Colorado laws, as Colorado courts have repeatedly held that statutes may serve as a source of public policy.  See, e.g., Flores v. Am. Pharm. Servs., 994 P.2d 455, 558 (Colo. App. 1999) (“Statutes by their nature are the most reasonable and common sources for defining public policy”).  We will comprehensively investigate your matter to ensure that your rights are enforced in the event you were wrongfully terminated.

Vindicating Your Rights Against Wrongful Termination

We have extensive experience in common law wrongful termination cases.  Under the public policy exception to at-will employment, an employee may recover damages for wrongful discharge if the discharge was based on a refusal to engage in conduct that would violate public policy, or participation in conduct that is protected or encouraged by public policy.  We will ensure that your employer’s decision to terminate your employment does not contravene an important public policy that impacts the public.