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Amendment 55:
Allowable Reasons for Employee Discharge or Suspension








Summary

Amendment 55 applies to for-profit employers that employ 20 people or more and nonprofit employers that employ 1,000 people or more. This measure does not apply to businesses where employees are covered by a collective bargaining agreement requiring employers to show just cause for firing an employee. It also does not apply to government entities.

Colorado’s current law says that private sector employees can be fired or suspended at any time and for any reason except race, gender, religion or age. This understanding is known as at-will employment.

The measure would prohibit a company from firing a full-time employee unless the company can show “just cause.”  These nine “just cause” reasons include: 1) incompetence; 2) substandard performance of assigned job duties; 3) neglect of assigned job duties; 4) repeated violations of an employer's written policies and procedures relating to job performance; 5) gross insubordination that affects job performance; 6) willful misconduct that affects job performance; 7) conviction of a crime involving moral turpitude; 8) employer bankruptcy; and  9) documented adverse economic circumstances that directly affect the employer.

Amendment 55 allows an employee to file a lawsuit challenging a firing or suspension. If the court determines an employee was fired or suspended without just cause, it may order the employee to be rehired and award back wages and damages. However, this measure does not define any of the nine “just cause” reasons.



Position:  Neutral
Provided by: Legislative Council of the Colorado General Assembly
Amendment 55 proposes amending the Colorado Constitution to:

  • prohibit private-sector employers from firing or suspending full-time employees except for specific reasons; and

  • allow an employee who believes he or she was improperly fired or suspended to sue the employer.

Vote NO on Amendment 55 if:
  • You believe this measure imposes inflexible, undefined constitutional restrictions on businesses that will hurt Colorado’s economy.
  • You believe this measure places businesses at a competitive disadvantage with businesses in other states by preventing businesses from making basic economic decisions such as eliminating unnecessary employees, automating operations, or reorganizing to improve efficiency.

Vote YES on Amendment 55 if:
  • You believe that all employees should have the same protections afforded to most government employees and employees protected by collective bargaining agreements.
  • You believe a constitutional amendment is needed to fix the current limits on firing or suspending employees.







RMFC position:
VOTE XX
Vote NO
RMFC position:
Neutral