Centennial Employment / Labor Attorney.
Colorado has a very expansive worker's compensation law and covers most employment situations. Sometimes, the employee can still sue if the employer does not have worker's compensation insurance. However, your note indicates that you are receiving benefits, including payment to your doctor. So, more likely than not, worker's compensation will be your exclusive remedy for the injuries you suffered. However, it never hurts to talk the situation over with a worker's compensation attorney...
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Your status generally turns on how much control the employer exercises. If you have been treated as an employee, except for compensation and benefits, then you may be misclassified. The Colorado Department of Labor has free information on line that might help.
You may have a hostile work place claim, though it may not meet the standard of severe or pervasive. Your situation is more likely a retaliation claim. Retaliation occurs when you engage in "protected activity" - making a complaint about some form of discriminatory conduct - and the company takes adverse action against you. In this case, terminating you for the complaint. The Company will likely say you were terminated for wrongful conduct (listening to the phone call) but you have the...
State law interpretations can differ on this issue. In my experience, the hearing officer decides who is "at fault" for the separation from employment. An employer can claim it was the employee's fault, but still lose the hearing because the hearing officer disagrees. Likewise, an employee can say they didn't do "enough" wrong to justify the termination decision, and still lose unemployment benefits. I agree with my colleagues that the best thing to do is get an attorney experienced with...