wrongful discharge claim (Colorado) · Go Syfert
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wrongful discharge claim in Colorado

10 Colorado opinions name it 2 courts 1990–2023 2 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Martin Marietta Corp. v. Lorenzgreen
colo · 1992 · cited in 3 Colorado opinions naming this issue, 1995–1998
2 sentences

1998Further, Hoyt’s actions are distinguishable from the circumstances in Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo.1992), where a wrongful discharge in violation of public policy claim was found to exist under circumstances in which the plaintiff had refused to engage in acts of deception and misrepresentation concerning the quality of materials used by his employer in designing equipment for the National Aeronautics and Space Administration.

1998Further, Hoyt's actions are distinguishable from the circumstances in Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo.1992), where a wrongful discharge in violation of public policy claim was found to exist under circumstances in which the plaintiff had refused to engage in acts of deception and misrepresentation concerning the quality of materials used by his employer in designing equipment for the National Aeronautics and Space Administration.

13
Donald L. Cale v. The City of Covington, Virginiagreen
ca4 · 1978 · cited in 1 Colorado opinions naming this issue, 2023–2023
1 sentence

2023Id. at 312. ¶307 The majority devotes all of one sentence to Cale and disregards most of the Supreme Court jurisprudence to which that thoughtful opinion is moored.

11
Crawford Rehabilitation Services, Inc. v. Weissmangreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022See Weiss man , 938 P.2d at 553 (holding that the Department of Labor an d Employment’s wage order “d[id] 20 not rise to the level of a public-poli cy mandate susceptible to private enforcement” concerning a clerical typist’s right to take rest breaks). ¶ 40 These cases demonstrate that a court will only recognize a “job-related right” as an expression of public policy if such right is clearly expressed in a statute or an administrative regulation. ¶ 41 We can discern no direct or indirec t reference to a “job-related right” in Castillo’s complaint.

11
Perreira v. Stategreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 1992–1992
2 sentences

1992Because the parties did not have the benefit of either the Cronk decision or this court's opinion relating to the additional element of a wrongful discharge claim under the public-policy exception, they obviously were at some considerable disadvantage “in mar-shalling evidence in support of and in defense of a claim which might or might not be legally cognizable and, if legally cognizable, might or might not encompass the particular circumstances of this case.” Perreira v. State, 768 P.2d 1198, 1220 (Colo.1989).

1992Because the parties did not have the benefit of either the Cronk decision or this court's opinion relating to the additional element of a wrongful discharge claim under the public-policy exception, they obviously were at some considerable disadvantage "in marshalling evidence in support of and in defense of a claim which might or might not be legally cognizable and, if legally cognizable, might or might not encompass the particular circumstances of this case." Perreira v. State, 768 P.2d 1198, 1220 (Colo.1989).

11
Johnson v. World Color Press, Inc.green
illappct · 1986 · cited in 1 Colorado opinions naming this issue, 1991–1991
2 sentences

1991See Johnson v. World Color Press Inc., 147 Ill.App.3d 746 , 101 Ill.Dec. 251 , 498 N.E.2d 575 (1986); Trombetta v. Detroit Toledo & Ironton R.

1991See Johnson v. World Color Press Inc., 147 Ill.App.3d 746 , 101 Ill.Dec. 251 , 498 N.E.2d 575 (1986); Trombetta v. Detroit Toledo & Ironton R.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Trinity Broadcasting of Denver, Inc. v. City of Westminster green
colo · 1993
1 sentence

2018The district court held a Trinity hearing on the wrongful discharge in violation of public policy claim and dismissed that claim with 5 prejudice.2 See Trinity Broad. of Denver v. City of Westminster, 848 P.2d 916 (Colo. 1993). ¶ 12 After the district court denied the Sheriff’s motion to dismiss the implied contract claim for failure to state a claim, the Sheriff moved for summary judgment.

12018–2018
Mariani v. Rocky Mountain Hospital & Medical Service green
coloctapp · 1995
1 sentence

1996Mariani, 902 P.2d at 433 .

11996–1996
Tyra v. Kearney green
calctapp · 1984
2 sentences

1995In Tyra v. Kearney, supra , the California Court of Appeal extended the Finnegan analysis and held that a wrongful discharge claim under state law is preempted by the provisions of the LMRDA.

1995In Tyra v. Kearney, supra, the California Court of Appeal extended the Finnegan analysis and held that a wrongful discharge claim under state law is preempted by the provisions of the LMRDA.

11995–1995
Cronk v. Intermountain Rural Electric Ass'n green
coloctapp · 1988
2 sentences

1992Ass’n, 765 P.2d 619 (Colo.App.1988), should be applied retroactively to Lorenz’s claim, and that the statute of limitations for such a claim began to run on the day following Lorenz’s discharge rather than on the date on which he was notified of his termination.

1992Ass'n, 765 P.2d 619 (Colo.App.1988), should be applied retroactively to Lorenz's claim, and that the statute of limitations for such a claim began to run on the day following Lorenz's discharge rather than on the date on which he was notified of his termination.

11992–1992
Linn v. United Plant Guard Workers of America, Local 114 green
scotus · 1966
2 sentences

1990However, as noted above, this reasoning is undercut by the Supreme Court’s decision in Lingle permitting a wrongful discharge claim to go forward in state court even though, under the terms of a collective bargaining agreement, a grievance procedure was established for determining whether an employee had been discharged for “just cause.” Moreover, the “qualified privilege” standard articulated by this court in Dominguez and Churchey is virtually indistinguishable from the standard approved by the Supreme Court in Old Dominion Branch No. 496, National Association of Letter Carriers v. Austin, 4

1990However, as noted above, this reasoning is undercut by the Supreme Court’s decision in Lingle permitting a wrongful discharge claim to go forward in state court even though, under the terms of a collective bargaining agreement, a grievance procedure was established for determining whether an employee had been discharged for “just cause.” Moreover, the “qualified privilege” standard articulated by this court in Dominguez and Churchey is virtually indistinguishable from the standard approved by the Supreme Court in Old Dominion Branch No. 496, National Association of Letter Carriers v. Austin, 4

11990–1990
Old Dominion Branch No. 496 v. Austin green
scotus · 1974
2 sentences

1990However, as noted above, this reasoning is undercut by the Supreme Court’s decision in Lingle permitting a wrongful discharge claim to go forward in state court even though, under the terms of a collective bargaining agreement, a grievance procedure was established for determining whether an employee had been discharged for “just cause.” Moreover, the “qualified privilege” standard articulated by this court in Dominguez and Churchey is virtually indistinguishable from the standard approved by the Supreme Court in Old Dominion Branch No. 496, National Association of Letter Carriers v. Austin, 4

1990However, as noted above, this reasoning is undercut by the Supreme Court’s decision in Lingle permitting a wrongful discharge claim to go forward in state court even though, under the terms of a collective bargaining agreement, a grievance procedure was established for determining whether an employee had been discharged for “just cause.” Moreover, the “qualified privilege” standard articulated by this court in Dominguez and Churchey is virtually indistinguishable from the standard approved by the Supreme Court in Old Dominion Branch No. 496, National Association of Letter Carriers v. Austin, 4

11990–1990

Statutes the citing opinions construe

USC § 18u.s.c.1001 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 61 (1990–2025) WA 45 (1990–2024) OR 40 (1984–2025) CT 39 (1987–2025) MI 27 (1984–2022) IA 26 (1992–2025) NC 25 (1991–2026) PA 25 (1985–2025) CA 24 (1985–2026) NJ 22 (1988–2025) MO 19 (1989–2020) TX 16 (1991–2023) MD 15 (1991–2017) MT 14 (1994–2024) DC 11 (1991–2018) NY 10 (1989–2026) WI 10 (1989–2023) CO 10 (1990–2023) WV 10 (1997–2023) UT 9 (1998–2015) KY 9 (1985–2026) MN 9 (1991–2016) AZ 8 (1988–2023) OK 7 (1989–2022) IN 7 (1992–2019) MA 7 (1993–2006) NH 7 (1999–2019) KS 7 (1984–2023) AK 6 (1986–2024) AR 5 (1988–2025) VI 5 (1994–2015) NM 5 (1991–2004) SC 5 (1996–2015) IL 4 (1984–2022) VA 4 (1996–2012) LA 4 (1991–2015) TN 4 (1997–2019) HI 3 (2011–2016) FL 3 (1989–2018) ME 2 (1986–2019) WY 2 (2009–2014) AL 2 (1986–2011) NE 2 (2006–2006) ID 2 (2003–2014) NV 2 (1991–1995) SD 2 (2006–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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