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Colorado Causes of Action: Ch 36. Wrongful Discharge

Douglas S. MacGregor and Alyssa Rosen and Steven C. Choquette, general editor
Item No: BK1035-36
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Chapter 36: Wrongful Discharge
A. Definition
B. Elements
1. The employer directed the employee to perform an illegal act as part of the employee’s work-related duties or prohibited the employee from performing a public duty or exercising an important job-related right or privilege
2. The action directed by the employer would violate a specific statute relating to the public health, safety, or welfare, or would undermine a clearly expressed public policy relating to the employee’s basic responsibility as a citizen or the employee’s right or privilege as a worker
3. The employee was terminated as a result of refusing to perform the act directed by the employer or for exercising the privilege to which the employee was entitled
4. The employer was aware or reasonably should have been aware that the employee’s refusal to comply with the order or directive was based on the employee’s reasonable belief that the action ordered was illegal, contrary to clearly expressed statutory policy relating to the employee’s duty as a citizen, or violative of the employee’s legal right or privilege as a worker
C. Elements Defined
D. Defenses
Designation of Nonparty at Fault
Governmental Immunity
Public Policy Exception
Statute of Limitations
E. Remedies
F. Forms
Complaint for Wrongful Discharge

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