If Iwas fired because I testified in a civil case against my employer, is this wrongful termination due to retaliation?

UPDATED: Oct 11, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If Iwas fired because I testified in a civil case against my employer, is this wrongful termination due to retaliation?

This is a harassment and slander suit pressed against my employer by a customer. I was approached by the customer and their attorney to write a deposition about what I witnessed. I was fired 2 hours after my employer was served the court papers that contained my deposition. Is this wrongful termination due to retaliation? If so what are the statutes pertaining to my situation? Should I speak with an employment law attorney? IN Gunnison County, CO.

Asked on October 11, 2010 under Employment Labor Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Termination of an employee engaging in a protected activity is deemed to be a "retaliatory discharge", and it is a form of wrongful termination under several federal laws. Basically, among other things, it is illegal for your employer to fire you for exercising your rights for participating in an investigation, hearing, or lawsuit about possible illegal practices by your employer. Further, your participation is protected whether or not the underlying claim of discrimination or illegal conduct is valid. 

However, proving retaliation is not easy. You must prove: (1) that you engaged in a protected activity; and (2) that activity resulted in you being fired. So, if your employer can prove a legitimate reason for firing you, then you must prove that reason was an excuse.

Based on the facts presented, you may in fact have a legitimate claim for retaliatory discharge.  At this point you should consult directly with an employment law attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption