Wrongful Termination Retaliation Case

Summary

In Colorado, wrongful termination may occur if an employee is terminated in retaliation for reporting harassment. If you were forced to resign due to harassment or because the investigation wasnt completed, it could be considered constructive discharge, akin to wrongful termination. You may have a strong case for retaliation, especially if you were harassed after reporting it. Consider contacting the Equal Employment Opportunity Commission (EEOC) for workplace discrimination and retaliation cases, or seek local legal aid services for support. To succeed in a wrongful termination claim, you need to prove protected activity, adverse action, and a causal link.

Full Conversation

Employment law for wrongful termination.
I'm here to help with your wrongful termination concerns. In Colorado, wrongful termination can occur if you're fired for discriminatory reasons, retaliation, or breach of contract. Do you believe your termination falls into one of these categories, or is there another reason you suspect it was wrongful?
Well I was in an investigation with HR about harassment. And I was quitting if they weren’t going to do anything about it. So I was the only person who gave a statement, they told me they would call me back HR. However, what happened was my supervisor called and said, I’m accepting your resignation. Because they did not complete the investigation. I was never told the outcome of such investigation. In other words, nothing happened nobody was asked to stop and I lost.
I'm sorry to hear about your situation. In Colorado, wrongful termination may occur if an employee is terminated in retaliation for reporting harassment. It sounds like you might have a case for retaliation. Would you like to be connected to local lawyers who can provide more specific help?
In what sense would this be retaliation?
Retaliation in employment law occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting harassment or participating in an investigation. In your case, if you were terminated after reporting harassment or being involved in the investigation, it could be considered retaliation. Here are some key points:
- Protected Activity: Reporting harassment or participating in an investigation.
- Adverse Action: Termination or forced resignation.
- Causal Connection: The termination closely follows the protected activity.
Would you like more information or guidance on this?
Yes I have reported it before and then I was basically harassed so much I was willing to quit. Would this adversely affect anything?
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It sounds like you might have a strong case for retaliation, especially if you were harassed after reporting it and the investigation wasn't completed. Would you like to be connected to local lawyers who can better assist you with your case?
Even if I “quit”?
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In your situation, if you were essentially forced to resign due to harassment or because the investigation wasn't completed, it could still be considered constructive discharge, which is akin to wrongful termination. Would you like to be connected to local lawyers who can better assist you with your case?
Maybe but I do not have money. Is this maybe a case to be represented by MSHA?
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The Mine Safety and Health Administration (MSHA) typically deals with safety and health issues specific to mining, not wrongful termination or harassment cases. You may want to explore other legal resources like the Equal Employment Opportunity Commission (EEOC) or local legal aid services for support. Would you like more information on these options?
Yes
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Given your situation, contacting the Equal Employment Opportunity Commission (EEOC) could be beneficial. They handle cases involving workplace discrimination and retaliation. Additionally, local legal aid services may offer free or low-cost assistance.
Would you like to be connected to local lawyers who can better assist you with your case?
What would have to be proven? To get 5 years of pay? Or reinstated with pay?
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To succeed in a wrongful termination claim in Colorado and potentially receive 5 years of pay or reinstatement, you would typically need to prove:
- Protected Activity: You reported harassment or participated in an investigation.
- Adverse Action: You were forced to resign or terminated.
- Causal Link: Your termination closely followed the protected activity.
Would you like to be connected to local lawyers who can better assist you with your case?
Yes but quitting, how can there be a case? I like this but, I want it to be solid.
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In your situation, if you were forced to resign due to harassment or because the investigation wasn't completed, it might be considered constructive discharge, akin to wrongful termination. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, could you please provide more details about the issue?
I am saying I was willing to resign and already sort of did resign. But when I left the place, HR never contacted me. And my supervisor did.
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It seems like you may have a strong case for constructive discharge or wrongful termination if you were pressured to resign due to unresolved harassment issues. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, could you please provide more details about the issue?