Former Colorado school employee’s complaint can proceed to trial

On Behalf of | Dec 6, 2021 | Employment Law |

In Colorado, when there are allegations that an employer has committed a legal violation, there might be obstacles that the aggrieved worker needs to overcome when seeking to file a legal claim. It is important for those who believe they have been harassed, wrongfully terminated, retaliated against or faced other forms of employer wrongdoing to have assistance in pushing forward with the case when times become difficult. One recent case involving a former school employee shows how cases might be allowed to proceed in these circumstances.

Federal judge lets former school employee’s lawsuit move forward

A former school transportation department employee had sought to pursue a claim against his school district after he said the division was restructured so he could be forced out. The school district wanted the case dismissed, but a federal judge decided to allow the case to move forward because it is possible that the school did violate his rights as an employee and his union contract. According to the school, the restructuring required that it terminate someone and the plaintiff was unfortunate in that he was the person who lost his job. The man says that his attempts to repair issues with one of the divisions was the primary catalyst for his termination.

The man had worked in the department from March 2017 through April 2019. Some of the problems the man tried to correct included missing parts worth thousands of dollars. Eventually, his position was to be combined with a subordinate’s position. The two interviewed for the job and the subordinate was hired. The man was subsequently terminated. An arbitrator heard the grievance and was troubled by the way it was handled. The school rejected that conclusion and upheld the termination. He filed a lawsuit to protest how he was treated. Now, his case will be held before a jury at the start of 2022.

Employees whose rights were violated should be persistent when filing a case

This case is a prime example of the difficulties some face when they are trying to hold employers accountable for allegations of wrongdoing. With employment law, it is imperative to have guidance from the outset. Public and private sector employers might try and make claims or use unscrupulous tactics to defend their actions. This should be scrutinized to fight back and have the case heard. For those who are concerned that their employers are denying wrongdoing or there are challenges to a case, being aggressive in pursuing justice and having professional assistance is crucial.