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In Colorado, wrongful discharge is a contract based claim which precludes an employer from terminating an employee, unless the employer meets all contractual restrictions on termination. A contract claim can be express - such as one created by a written employment contract. A contract can also be implied, based upon the facts and circumstances of the case. For example, an employer's personnel policies can set forth a progressive discipline policy, where the employee is entitled to notice of varying kinds before termination. If the employer fails to follow the procedures, the employee may be entitled to recover economic damages. The employee may also be entitled to recover other damages, depending on the circumstances of the case.
A breach of contract claim may arise from an express contract, such as one in writing, or a contract implied under the particular circumstances. For example, an employer can adopt and publish a handbook that contains detailed provisions about how discipline will be handled. If the employer then terminates an employee without complying with the terms of the policy, the employer might be liable for a breach of contract claim.
If you believe you have been wrongfully discharged or experienced a breach of contract by your employer, please call or email us today for a free consultation. At Burg Simpson Eldredge Hersh & Jardine, P.C., our Colorado and Wyoming attorneys represent people like you who have been wrongfully discharged.
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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, & Phoenix, AZ. The Firm is responsible for the content on the website,this information is not to be interpreted as providing legal services,
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