Can You File a Wrongful Termination Lawsuit After a Probationary Period?
Losing a job can be one of the most stressful and demoralizing experiences in a person’s life, especially when it feels unfair or unjustified. When a termination happens unexpectedly, it can create deep uncertainty about what comes next. Many people question whether their rights were violated, particularly if they were still on probation at the time of their dismissal.
At Anderson Barkley, LLC in Denver, Colorado, Attorney Jeanine Anderson helps individuals understand their rights under Colorado employment law. Here, she’ll explain whether you might be able to file a wrongful termination lawsuit after a probationary period. If you’re in this situation, reach out to her firm today to learn more about how to protect your legal rights.
What a Probationary Period Means for Employees
A probationary period is a trial period employers use to evaluate new hires. It typically lasts 30 to 90 days, though some companies extend it to 6 months. During this period, employers assess an employee’s performance, reliability, and cultural fit within the company as a whole.
While it’s common for employers to emphasize that probationary employees are “at will,” meaning they can be terminated at any time, this doesn’t give employers unlimited authority to dismiss someone for any reason whatsoever. Even in at-will employment states like Colorado, there are restrictions on the reasons an employer can terminate a worker.
Probationary employees are still protected by federal and state laws prohibiting discrimination, retaliation, and violations of public policy. That means if your employer fired you for a reason that breaks those laws, you may have the right to file a wrongful termination lawsuit, even if you were still in your probationary period.
When Termination Becomes Wrongful
Wrongful termination occurs when an employer fires an employee for an illegal reason. This can happen whether an employee has been with the company for one week or ten years. In other words, the length of your employment doesn’t erase your legal protections against unfair or unlawful dismissal.
Here are some scenarios where a termination might qualify as wrongful:
Discrimination: Termination based on race, gender, religion, national origin, disability, age, sexual orientation, or other protected characteristics violates federal and Colorado laws.
Retaliation: Employers can’t lawfully fire someone for reporting harassment, unsafe working conditions, wage violations, or other misconduct.
Whistleblower protection violations: Employees who report illegal activities or unethical conduct are protected from being fired in retaliation.
Public policy violations: An employee can’t be terminated for refusing to commit an illegal act, performing a legal duty, or exercising a legal right (such as filing a workers’ compensation claim).
Contract breaches: If an employment agreement—written or implied—states that termination will only occur under specific conditions, firing the employee outside those terms may be wrongful.
Even during probation, these protections apply. Employers must still respect employee rights, and a probationary label doesn’t give them immunity from accountability.
An employer who fires a probationary worker for discriminatory or retaliatory reasons can still face legal consequences. Employees should never assume that being “on probation” means they have no recourse.
Employment At-Will and Its Limitations
Colorado, like most states, follows the principle of “employment at-will.” This means that either the employer or employee can terminate the employment relationship at any time, with or without cause. However, there are exceptions that limit the at-will doctrine.
Legal limitations on at-will employment include the following:
Discriminatory motives or bias.
Retaliation for reporting misconduct or asserting employee rights.
Firing that violates an employment contract or collective bargaining agreement.
Termination that goes against public policy.
These limitations are key when evaluating whether a wrongful termination occurred after a probationary period. Even if the employer claims “poor performance,” the reason must be legitimate, not a disguise for discrimination or retaliation. A thorough review of the facts and documentation can reveal whether the stated reason was merely a cover for unlawful motives.
Before moving forward with a claim, it’s helpful to understand how these protections function in practice and how an experienced employment law attorney can help assess whether the circumstances of your dismissal fit one of these exceptions.
Contact Jeanine Anderson at Anderson Barkley, LLC today to discuss your situation.
Federal and Colorado Employment Laws That Offer Protection
Workers in Colorado are protected under a combination of federal and state laws that prohibit unjust or discriminatory termination. These laws apply regardless of whether an employee is on probation or has completed it. Knowing which laws apply to your specific situation can make a significant difference in your case.
Key laws that may protect employees include:
Title VII of the Civil Rights Act of 1964: Prohibits firing based on race, color, religion, sex, or national origin.
Americans with Disabilities Act (ADA): Protects employees with disabilities from unfair termination.
Age Discrimination in Employment Act (ADEA): Safeguards workers aged 40 and over.
Family and Medical Leave Act (FMLA): Protects employees who take eligible medical or family leave from being fired for doing so.
Colorado Anti-Discrimination Act (CADA): Extends similar protections to state-level employees, including those who work for smaller employers not covered by federal law.
Whistleblower Protection Act: Shields employees who report wrongdoing or unsafe practices.
Before you file a lawsuit, an employment law attorney can help determine which of these laws may apply to your case. Even if you were within a trial period, your employer can’t use that as a shield against accountability. An experienced employment lawyer can evaluate the facts, identify potential violations, and guide you through the appropriate steps to seek justice.
What Evidence Strengthens a Wrongful Termination Case
Building a strong case requires solid evidence. Employees who suspect they were wrongfully terminated should start collecting documentation as soon as possible. The more detailed and organized your records are, the easier it becomes to prove that your employer’s actions were unlawful or motivated by discrimination.
Key types of evidence to gather include:
Employment records: Offer letters, contracts, and employee handbooks that outline company policies
Written communications: Emails, texts, or memos that show bias, retaliation, or policy violations
Performance reviews: Records that contradict the employer’s stated reason for termination
Witness statements: Testimonies from coworkers who can corroborate discriminatory or retaliatory behavior
Timeline of events: A detailed account of what happened before and after the termination
These materials help an attorney identify patterns, inconsistencies, and potential violations. They also provide a foundation for legal arguments in court or settlement negotiations. When employees collect this information early on in the process, they make it easier for their attorney to present a clear, compelling case.
Steps to Take After Being Terminated During or After Probation
Being fired unexpectedly can make anyone feel powerless. However, taking the right steps soon after the termination can help preserve your rights and strengthen your potential claim. Acting quickly not only helps protect important evidence but also shows that you’re serious about standing up for your rights. Actions to consider include:
Request written documentation: Ask for a termination letter or explanation in writing.
Review your employment contract: Look for clauses related to probation, termination, or notice requirements.
Record details immediately: Write down what was said during your termination meeting and any relevant incidents.
Avoid signing anything under pressure: Don’t sign severance or release agreements without reviewing them with a lawyer first.
Consult with an employment attorney: A knowledgeable attorney can evaluate whether your firing was lawful and help you plan your next move.
Taking these steps demonstrates initiative and helps protect your interests. Many employees find that once they speak with a legal professional, they gain clarity about whether their firing was legitimate or potentially wrongful. This early legal insight can also help them avoid mistakes that might weaken their claim later on.
Contact a Knowledgeable Wrongful Termination Lawyer Today
Being dismissed during or after a probationary period doesn’t strip you of your rights. Colorado law protects workers from illegal firings, regardless of how long they’ve been employed.
If you suspect your termination was based on discrimination, retaliation, or other unlawful reasons, it’s time to discuss your case with a professional who understands Colorado’s employment laws.
Anderson Barkley, LLC, led by attorney Jeanine Anderson, serves clients in Denver, Jefferson County, Douglas County, Arapahoe County, Larimer County, and Boulder County. She provides legal support to individuals facing wrongful termination and other workplace disputes, helping employees determine whether they have a valid claim. Contact the firm today to take the first step toward resolution.