Comment by justin-tm
3 years ago
It's bad optics (and I personally think the company can piss off), but I don't think they technically broke the letter of the law. Colorado doesn't have good faith exemptions to at-will so as long as it wasn't a protected class thing, I think they can do whatever they want, AFAICT
*edit: I guess discussing wages is protected(?) (https://www.jacksonlewis.com/resources-publication/colorado-...) - but they didn't pick the reason, so I guess it boils down to how good lawyers are
Discussing wages is protected both by executive order and by federal law with the National Labor Relations Act
https://jacksonspencerlaw.com/salary-discussions/
I'm not a lawyer but does at will mean anything in cases where you are dismissed for an illegal reason? Basically your company can fire you at any time but if they fire you because your black it doesn't matter if in theory they could have fired you because you wore red on Tuesday if in fact they actually fired for being black.
If its protected to talk about your salary or wages and they fired her for doing so its illegal.
Yeah, there's breakdowns where events are tied close enough that they could be seen as de facto firing for race/salary, etc.
Of course, this is all coming from a NYPost article, so I'm assuming it's leaving out some details.