Checklist of Possible Legal Claims in Employment Cases

The Practitioner’s Guide to Colorado Employment Law, 2010 Supplement

State Common-Law Claims

• Breach of Express Contract

• Breach of Implied Contract
• Breach of Express Covenant of Good Faith and Fair Dealing
• Promissory Estoppel
• Public Policy Wrongful Discharge
• Outrageous Conduct (Intentional Infliction of Emotional Distress)
• Defamation
• Invasion of Privacy
• Intentional Interference with Contract
• Intentional Interference with Prospective Financial Advantage
• Negligent Hiring, Retention, and Supervision
• Negligent Misrepresentation
• Fraudulent Misrepresentation
• Negligent Supervision
• Assault and Battery
• False Imprisonment

Federal Statutory Claims

• Title VII of the Civil Rights Act of 1964 (prohibits discrimination on the basis or sex, race, color,
national origin, creed, and religion, as well as retaliation)
• Pregnancy Discrimination Act of 1968
• Americans With Disabilities Act (ADA)
• ERISA
• Fair Labor Standards Act (wage and hour laws)
• Federal Whistleblower statutes (many contain specific anti-retaliation measures), e.g., Clean Air
Act
• 42 U.S.C. § 1983
• 42 U.S.C. § 1981
• Family and Medical Leave Act (FMLA)
• Equal Pay Act
• Age Discrimination in Employment Act of 1967
• National Labor Relations Act
• Sarbanes-Oxley Act of 2002
• False Claims Act
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
State Statutory Claims

• Colorado Anti-Discrimination Act, C.R.S. § 24-304-402

• Discrimination Based on Marital Status, C.R.S. § 29-34-402(1)(h)(I)
• Engaging in Lawful Activities Outside of Work, C.R.S. § 24-34-402.5
• Engaging in Political Activities, C.R.S. § 8-2-108 (making it unlawful for any employer to forbid an
employee from participating in politics or running for office)
• Joining Union, C.R.S. §§ 8-2-102, -103, -108 (protects employees’ rights to organize)
• Whistleblowing, C.R.S. §§ 24-50.5-101 and 24-114-102 (protects state employees and
employees of private enterprises under contract with a state agency)
• Colorado Wage Act, C.R.S. § 8-4-104
• Statutory Fraud, C.R.S. § 8-2-107 (fraudulent inducement)