What is the name of your state?What is the name of your state? Colorado
In an attempt to not make a fatal error, what does one write on an application when they were wrongfully terminated in the legal sense. I would really like the opinion of a HR person, who reviews applications. I have no intention of lying. I would prefer not to be vague either. Until the EEOC issues a right to sue letter, and having this issue settled in mediation or a court of law applications must continue to flow. But in viewing the past posts, it seems as if the general consensus is to scoff at using "wrongful termination" as a reason.
Also, is it reasonable for someone to call a previous employer as a potential employer to gain insight on information provided? Impulsively would like to, does not sound right though.
I have copied the below in hopes that this post will be helpful to those posts I've read that believe they were wrongfully terminated (at least in Colorado).
What is retaliation?
Title VII protects employees who speak out about workplace discrimination from discrimination against the employee for opposing the discrimination. The retaliation may be a bad performance review, denial of a raise, an increase in undesirable job duties, or being passed over for promotional opportunities. The employee must show that they spoke out about a protected status, and were then subjected to an adverse employment action close in time to speaking out. The employee must prove the employer knew that that employee spoke out. You are protected regardless of whether you are speaking out about discrimination happening to you or to someone else. “Speaking out” can include lodging a complaint with your supervisor or Human Resources, filing a Charge of Discrimination with the EEOC, or participating in an investigation or hearing.
What is wrongful termination?
Although some states recognize a claim for wrongful termination, this is not the case in Colorado. Colorado treats employment as “at-will” (explained below), meaning termination alone is not wrongful. Termination arising out of a pretextual or discriminatory motive is considered an adverse employment action, which is protected under Title VII (as discussed above). There is a narrow exception to the employment-at-will doctrine called wrongful termination in violation of public policy, which is available only in limited circumstances, such as being fired for refusing to commit an illegal act. The public policy must be clear and specific, and cannot be merely a generalized statement of policy found in a statute or rule
What is “at-will” employment?
“At-will” employment benefits both employer and employee: in the state of Colorado, the employment relationship can end at any time and for any reason without penalty. This means the standard “two weeks notice” requested by many employers is not a legal requirement, but a courtesy unless the employer and employee have agreed to a notice requirement. Employers who abuse the at-will system, however, by using their ability to terminate an employee for discriminatory reasons, can be held accountable under protective laws such as Title VII (as above).
Information found on FAQ from H. B.,
In an attempt to not make a fatal error, what does one write on an application when they were wrongfully terminated in the legal sense. I would really like the opinion of a HR person, who reviews applications. I have no intention of lying. I would prefer not to be vague either. Until the EEOC issues a right to sue letter, and having this issue settled in mediation or a court of law applications must continue to flow. But in viewing the past posts, it seems as if the general consensus is to scoff at using "wrongful termination" as a reason.
Also, is it reasonable for someone to call a previous employer as a potential employer to gain insight on information provided? Impulsively would like to, does not sound right though.
I have copied the below in hopes that this post will be helpful to those posts I've read that believe they were wrongfully terminated (at least in Colorado).
What is retaliation?
Title VII protects employees who speak out about workplace discrimination from discrimination against the employee for opposing the discrimination. The retaliation may be a bad performance review, denial of a raise, an increase in undesirable job duties, or being passed over for promotional opportunities. The employee must show that they spoke out about a protected status, and were then subjected to an adverse employment action close in time to speaking out. The employee must prove the employer knew that that employee spoke out. You are protected regardless of whether you are speaking out about discrimination happening to you or to someone else. “Speaking out” can include lodging a complaint with your supervisor or Human Resources, filing a Charge of Discrimination with the EEOC, or participating in an investigation or hearing.
What is wrongful termination?
Although some states recognize a claim for wrongful termination, this is not the case in Colorado. Colorado treats employment as “at-will” (explained below), meaning termination alone is not wrongful. Termination arising out of a pretextual or discriminatory motive is considered an adverse employment action, which is protected under Title VII (as discussed above). There is a narrow exception to the employment-at-will doctrine called wrongful termination in violation of public policy, which is available only in limited circumstances, such as being fired for refusing to commit an illegal act. The public policy must be clear and specific, and cannot be merely a generalized statement of policy found in a statute or rule
What is “at-will” employment?
“At-will” employment benefits both employer and employee: in the state of Colorado, the employment relationship can end at any time and for any reason without penalty. This means the standard “two weeks notice” requested by many employers is not a legal requirement, but a courtesy unless the employer and employee have agreed to a notice requirement. Employers who abuse the at-will system, however, by using their ability to terminate an employee for discriminatory reasons, can be held accountable under protective laws such as Title VII (as above).
Information found on FAQ from H. B.,
