Sushree Mohanty
A Colorado Court of Appeals has affirmed that the workers in an organisation may not be expelled from their job due to lawful conduct outside their working environment.
However, the court stated that the workers may face demotion from the post regardless of whether their actions do not violate the law.
The current decision came in wake of an employee, Jerud Butler, who took a break from his working hours in order to present his witness statements against the child custody matter against a worker who worked under his supervision.
This said employee accordingly filed a complaint to the organisation’s chief, who in turn downgraded Butler.
Subsequently, Butler documented a plea against the demotion for infringement of the Access Act and the Lawful Activities Statute.
The District Court disagreed with Butler, concluding that the Lawful Activities Statute doesn’t grant any relief against adverse activities, including demotion and will grant protection only against cases involving termination from jobs.
The court stated that the Access Act did not have any application in the present matter as it was too ambiguous in nature.
A board of the Court of Appeals maintained the decision on the initial segment and further explained that the Access Act ensures protection against adverse activity coordinated toward the workers for giving statements under the request of an attorney or prosecutor.
After remanding it to a District Court, Butler was not allowed security against unfavourable activity because of the absence of a legal counsellor or prosecutors’ solicitation for him to present his witness statements at the child’s custodial proceedings.