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Measure Details

Allowable Reasons for Employee Discharge or Suspension

Colorado Ballot Measure - Amendment 55

Election: General Nov. 4, 2008 (General)
Outcome: Pending

Categories:
Employment and Affirmative Action

Summary

Amendment 55 proposes amending the Colorado Constitution to: - prohibit private-sector employers from firing or suspending full-time employees except for specific reasons; and - allow an employee who believes he or she was improperly fired or suspended to sue the employer.

Measure Text

An amendment to the Colorado constitution concerning cause for employee discharge or suspension, and, in connection therewith, requiring an employer to establish and document just cause for the discharge or suspension of a full-time employee; defining "just cause" to mean specified types of employee misconduct and substandard job performance, the filing of bankruptcy by the employer, or documented economic circumstances that directly and adversely affect the employer; exempting from the just cause requirement business entities that employ fewer than twenty employees, nonprofit organizations that employ fewer than one thousand employees, governmental entities, and employees who are covered by a collective bargaining agreement that requires just cause for discharge or suspension; allowing an employee who believes he or she was discharged or suspended without just cause to file a civil action in state district court; allowing a court that finds an employeeÂ’s discharge or suspension to be in violation of this amendment to award reinstatement in the employee's former job, back wages, damages, or any combination thereof; and allowing the court to award attorneys fees to the prevailing party.

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