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Can I terminate employees without violating employment laws in Colorado? What are the requirements?

Requirements for Terminating Employees in Colorado

In Colorado, most employment is “at-will,” which means that either the employer or the employee may terminate the employment relationship at any time, with or without cause or notice, unless there is a contract that provides otherwise [2.1]. However, there are certain requirements that employers must follow to avoid violating employment laws.

Exceptions to At-Will Employment

Employers cannot terminate employees for discriminatory reasons, such as race, gender, age, religion, or disability [1.1]. Additionally, employers cannot terminate employees for engaging in protected activities, such as whistleblowing or filing a complaint about workplace safety [3.1].

Combination of Employees for Peaceable Objects Lawful

Employees have the right to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof [1.2].

Rights of Employees

Employees have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection [1.3]. Each employee also has the right to refrain from any of such activities. The rights of each employee are essential rights, and nothing contained in this article shall be so construed as to infringe upon or have any operation against or in conflict with such rights [1.3].

Public Inspection of Employment Contracts

If a governmental unit or government-financed entity enters into an employment contract or employment contract extension with a government-supported official or employee, such employment contract or employment contract extension shall contain terms that clearly state that such official or employee shall be deemed to be an employee-at-will [2.1]. Furthermore, the terms of such contract must be made available to the public for inspection and copying during regular business hours [2.1].

Access to Personnel Files and Records

Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of any part of his or her own personnel file or files at the employer’s office and at a time convenient to both the employer and the employee. A former employee may make one inspection of his or her personnel file after termination of employment. An employer may restrict the employee’s or former employee’s access to his or her files to be only in the presence of a person responsible for managing personnel data on behalf of the employer or another employee designated by the employer. The employer may require the employee or former employee to pay the reasonable cost of copying the file [1.5].

Conclusion

In summary, employers in Colorado can terminate employees without violating employment laws as long as they do not do so for discriminatory reasons or in retaliation for protected activities. Additionally, employees have the right to unite, combine, or agree in any manner, to advise or encourage, by peaceable means, any persons to enter into any combination in relation to entering into or remaining in the employment of any person or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this state or the laws made in pursuance thereof. Employees also have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Finally, if a governmental unit or government-financed entity enters into an employment contract or employment contract extension with a government-supported official or employee, such employment contract or employment contract extension shall contain terms that clearly state that such official or employee shall be deemed to be an employee-at-will, and the terms of such contract must be made available to the public for inspection and copying during regular business hours.

Source(s):
Jurisdiction

Colorado