Lawful Off-Duty Conduct / Employee Privacy Law

Have you been ter­mi­nated because your employer dis­ap­proves of your lifestyle or your law­ful deci­sions that occur out­side of the work­place? Colorado’s law­ful off-duty con­duct statute pro­hibits an employer from wrong­fully ter­mi­nat­ing an employee because the employee engaged in any law­ful activ­ity off the premises of the employer dur­ing non­work­ing hours. In order words, employ­ees that engage in oth­er­wise unpop­u­lar but law­ful activ­i­ties out­side of work may be pro­tected under Col­orado law. For exam­ple, Col­orado law may pro­tect the employ­ment of GLBT indi­vid­u­als fired dis­crim­i­na­tory employ­ers, mem­bers of unpop­u­lar polit­i­cal par­ties, vic­tims of crimes, domes­tic vio­lence or work­place vio­lence, or injured work­ers who file work­ers’ com­pen­sa­tion claims. The law­ful off-duty statute may pro­vide broad pro­tec­tions to employ­ees who engage in var­i­ous forms of pri­vate off-work activ­ity that is unre­lated to the employ­ees’ job duties.

 Lawyers Pro­tect­ing Against Employ­ment Discrimination

At Rathod | Mohamedb­hai LLC, we have exten­sive expe­ri­ence pro­tect­ing our clients when they engage in law­ful off-duty con­duct. Dam­ages pur­suant to the law­ful off-duty con­duct statute are designed to make the employee whole but for the dis­crim­i­na­tory con­duct, and may allow for attor­neys’ fees if the employee is suc­cess­ful in prov­ing wrong­ful ter­mi­na­tion. Employ­ees should be mind­ful that under Colo. Rev. Stat. § 24–34-402.5 (2008) and case law employ­ers can raise defenses to law­ful off-duty con­duct claims such as con­flicts of inter­est between employer and employee and duties of loy­alty. Col­orado law requires that the pro­tec­tion of an employee’s off-the-job pri­vacy must be bal­anced against the legit­i­mate needs of a Col­orado employer.

Off-the-Job Pri­vacy Law

At Rathod | Mohamedb­hai LLC, we have exten­sive expe­ri­ence pro­tect­ing our clients’ pri­vacy and employ­ment inter­ests in their law­ful off-duty con­duct. This law firm and its lawyers will ensure that your employer is held account­able when it retal­i­ates or wrong­fully ter­mi­nates your employ­ment due to your law­ful off-duty con­duct. We serve clients in Den­ver, Boul­der, and sur­round­ing com­mu­ni­ties in Col­orado and Wyoming.