WITHDRAWN (Amendment 55 -- Allowable Reasons for Employee Discharge or Suspension)

WTITHDRAWN - Will appear on ballot, but votes won't count.

This would prohibit private employers not participating in a collective bargaining agreement from firing or suspending full-time employees except for incompetence, substandard performance or neglect of job duties, repeated violation of work policies, gross insubordination or misconduct, conviction of a crime of moral turpitude, employer bankruptcy or documented adverse economic circumstances affecting the employer. An employee who believes he or she was fired or suspended improperly may sue the employer.

Unwarranted CONSTITUTIONAL Change – ADDS Section 13 to Article XVIII.

Recommendation: no
Montana is the only state in the US with a “Just Cause” law. It was enacted into state statute in 1987. It seems to me that having a just cause for firing someone is a laudable goal, but putting this proposal in the constitution is a concern. I’m not worried about having Colorado be only the second state with a just cause law. I’m worried about being the first state to put it into our constitution.


Website for Yes side (Protect Colorado’s Future)
No initiative-specific website found, but some info at website below.
http://www.protectcoloradosfuture.org/

Website for No side (Coloradans for Responsible Reform)
http://www.nopoisonpills.com/


Amendment 55 (Approved ballot title below)

Allowable Reasons for Employee Discharge or Suspension

Shall there be an amendment to the Colorado constitution concerning cause for employee discharge or suspension, and, in connection therewith, requiring an employer to establish and document just cause for the discharge or suspension of a full-time employee; defining "just cause" to mean specified types of employee misconduct and substandard job performance, the filing of bankruptcy by the employer, or documented economic circumstances that directly and adversely affect the employer; exempting from the just cause requirement business entities that employ fewer than twenty employees, nonprofit organizations that employ fewer than one thousand employees, governmental entities, and employees who are covered by a collective bargaining agreement that requires just cause for discharge or suspension; allowing an employee who believes he or she was discharged or suspended without just cause to file a civil action in state district court; allowing a court that finds an employee’s discharge or suspension to be in violation of this amendment to award reinstatement in the employee's former job, back wages, damages, or any combination thereof; and allowing the court to award attorneys fees to the prevailing party?

Yes ________________ No ________________


To see the full text of the proposed measure, click here, then click on “2008 State Ballot Information Booklet” at the top of the page.