FOR EMPLOYEE DisCHARGE OR SUSPENSION.
(1) No EMPLOYEE MAY BE DISCHARCGED OR SUSPENDED UNLESS THE EMPLOYER HaS First so-TABLISHED JUST CAUSE FOR THE DISCHARGE OR SUSPENSION.
(2) For PURPOSES OF THIS SECTION, "JUST CAUSE" MEANS:
(A) micompBTENcE;
(B) sUBSTANDARD PERFORMANCE OF ASSIGNED JOB DUTIES;
(C) NEGLECT OF ASSIGNED JOB DUTIES;
(D) REPEATED VIOLATIONS OF THE EMPLOY ER'S WRITTEN POLICIES AND PROCEDURES RELATING TO JOB PERFORMANCE;
(E) Gross INSUBORDINATION THAT AFFECTS JOB PERFORMANCE:
(F) wWILLFUL MISCONDUCT THAT AFFECTS JOB PERFORMANCE
((%) CONVICTION OF A CRIME INVOLVING MoOR-AL TURPITUDE;
(H) FILING OFP BANKRUPTCY BY THE EMPLOY ER; OR
(I) SIMULTANEOUS DISCHARGE OR SUSPENSION OF TEN PERCENT OR MORE OF THE EMPLOYERS WORKFORCE IN COLORADO
(3) AN EMPLOYER SHALL PROVIDE TO ANY EMPLOYEE WHO HAS BEEN DISCHARGED OR SUSPENDED THE EMPLOYERS WRITTEN DOCUMENTATION OF THE JUST CAUSE USED To JUSTIFY SUCH DisCHARGE OR SUSPENSION.
(4) (A) Any smPLovyEE wHO BELIEVES HE WAS DISCHARGED OR SUSPENDED WITHOUT JUST CAUSE MAY, WITHIN THIRTY DAYS AFTER NOTIFT CATION OF THE DISCHARGE OR SUSPENSION, APPLY FOR MEDIATION OF A CLAIM FOR WRONGFUL DISCHARGE OR SUSPENSION. WITHIN ONE HUNDRED TWENTY DAYS AFTER AN EMPLOYEE FILES FOR MEDIATION, A HEARING SHALL BR HELD BEFORE A PRIVATE MEDIATOR AT HEARING, THE EMPLOYEE AND THE EMPLOYER SHALL BE PERMITTED TO PRESENT EVIDENCE AND MAKE LEGAL ARGUMENT.
(B) A mMEDTATOR WHO FINDS THAT AN EMPLOYEE WAS DISCHARGED OR SUSPENDED WITHOUT JUST CAUSE MAY AWARD THE EMPLOYEE ALL BACK WAGES OR REINSTATEMENT IN HIS FORMER JOB OR BOTH.
(C) THE MEDIATOR SHALL ASSESS THE costs FOR HIS OR HER SERVICES TO THE LOSING PARTY.
(D) THE MEDIATOR MAY AWARD ATTORNEYS FEES TO THE PREVAILING PARTY AS TO ANY CLAIM MADE BY THE EMPLOYEE.
(E) In ALL MATTERS DECIDED PURSUANT TO THIS SECTION 18(4), THE DECISION OF THE MEDT-ATOR SHALL BE FINAL.
(5) THE GENERAL ASSEMBLY MAY ENACT LECGIS-LATION TO FACILITATE THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMITED TO LEGISLATION ADDRESSING APPLICATIONS FOR MEDIATION AND THE SELECTION OF MEDIATORS BY THE PARTIES,
(6) THis SECTION SHALL BECOME EFFECTIVE UPON PROCLAMATION OF THE GOVERNOR REGARDING THE VOTES CAST ON THIS AMENDMENT.