May 2, 2017 | Employee Rights
Employment law is vast and always changing, and whether your employer pinched you in an inappropriate place or you just discovered that your boss has neglected paying you for overtime hours, it’s important to hire a local, Denver, Colorado employment lawyer who can represent your case and, using in-depth knowledge and in-court experience, fight for a beneficial and just resolution.
Whatever your employment-related legal case (more on this below), you should never make the mistake of hiring the attorney who helped a friend’s divorce, the attorney who closed your real estate purchase, or the prosecution attorney who knows a little about harassment in the workplace. Instead, make sure you get a lawyer who specializes in employment law and who can work the landscape to your advantage.
If you have an employment-related legal issue, get the leading attorney in the Denver area by calling the Civil Rights Litigation Group. You can reach us at (720) 515-6165 or filling in a form here.
What to expect when hiring an employment lawyer for your case
In civil cases in Colorado, there is this saying that, “The only person who wins in a civil case is the lawyer.” This saying refers to the often exhausting legal processes related to civil law as well as employment law. By filing a lawsuit or a complaint against your employer, you’ll be digging dirt up on them and the employer will be doing the same to you; sometimes, clients report that the stress of the legal processes disrupts their sleep and concentration.
Also, it’s important to remember that most employment law cases are not “open and closed.” Even if you believe you have an airtight case, your employer may surprise you with tons of evidence that could very well disrupt the chances of your lawsuit.
With these factors in mind, it’s always a good idea to take a deep breath and ask yourself, “Is it really worth it?” Filing a lawsuit might not be worth it, but then again, it could be. By speaking with an experienced employment lawyer, you can get a better idea of your case, the strength of your evidence, and other factors. By hiring an attorney, you not only receive expert guidance and counsel through the legal processes, but you always get a reality check at every stage of the process.
When should you call a Denver employment lawyer?
Whether you decide to call an employment lawyer is solely up to you, and yet, it can be difficult to know if your employment issue constitutes a violation of federal labor laws. For instance, were you denied that promotion because of a lack of experience or because you are part of a certain religion, sexual orientation, national origin, or another “group?”
At the Civil Rights Litigation Group in Denver CO, we handle any employment-related case related to federal laws. In general, this includes:
Knowing the difference between a discriminatory action and a violation of federal laws can be difficult; nevertheless, you may want to contact a Denver employment lawyer in the following situations:
- You were harassed, discriminated against, or retaliated against by your employer
- You were terminated or fired from employment and the termination was illegal
- You are being forced to sign an agreement that waives some rights you are entitled to
- Your employer has violated state or federal laws created to protect employees
- You employer has not given you benefits detailed in your employment contract
How to prepare a first meeting with your attorney
So, you believe that you have an employment law issue; the next step may be to contact a local employment lawyer who will help you decide if your case is worth pursuing. And once you have the consultation scheduled, it’s important to do a little preparation to make the most out of the meeting. This consultation is an opportunity to make sure your attorney has all the facts and other information. Some important tips to keep in mind when meeting your attorney include:
- Make sure to bring good, clean copies of any relevant documents
- Bring a fact chronology that outlines the factual timeline of the case
- Dress appropriately (remember, you want to try and convince the attorney that you’re serious about the case)
As always, make sure to set realistic expectations. Although you may be fired up about a work-related issue, the attorney may see something else in your case, such as a lack of evidence. In some situations, the attorney may turn down your case, and if this happens to you, remember that you need the right attorney, which doesn’t necessarily mean the first attorney who looks over your case.
Don’t hesitate and call the top Denver employment lawyer
There are many situations when you may need to call a Denver employment lawyer. With years of experience representing countless individuals who’ve had their rights violated, we at the Civil Rights Litigation can help you too. From carefully listening to your case to helping acquire the necessary evidence to pursue the defendant in Colorado federal courts, an experienced attorney will be one of the best tools you have for seeking justice and recovering damages. For a free, no-obligation consultation with our Denver law firm, call us today at (720) 515-6165.
Apr 12, 2017 | Employee Rights
Colorado follows an employment-at-will doctrine, meaning that both employers and employees aren’t required to give notice or advance notice of termination or resignation (unless there is a contract that says otherwise). In other words, you are free to leave your job whenever, for any reason, or even for no reason, with no legal consequence. At the same time, employers may also terminate your employment for any reason, or even for no reason, but keep in mind that private and public employers in Colorado cannot violate any wrongful termination statutes when firing you.
Wrongful termination is not a magic legal term that you can use when you are fired. In fact, wrongful termination lawsuits can be very complex, requiring evidence that proves the firing was wrongful. If you believe that your employer violated U.S. law when firing you, then it’s critical to call Denver wrongful termination lawyer Raymond Bryant of the Civil Rights Litigation Group. Consultations are always free, so call today at (720) 515-6165.
Wrongful termination federal laws
To better gauge whether or not you were the victim of wrongful termination, it’s best to first get the answer to, “What is wrongful termination?” First of all, wrongful termination is not “I’m angry about being fired.” Even though Colorado is employment-at-will, there are certain exceptions to this legal doctrine.
For instance, if your Colorado employer fires you for discriminatory reasons or in retaliation for exercising your rights, then you may have a case for wrongful termination. Additionally, you may have a case if there is an employment contract, either express or implied, that limits the employer’s right to terminate employment.
In terms of federal laws, one of the main provisions protecting employees is Title VII of the Civil Rights Act of 1964, which prohibits all forms of retaliation, including wrongful termination (42 U.S.C. § 2000e et seq.). The U.S. Equal Employment Opportunity Commission (EEOC) enforces wrongful termination claims for discriminatory reasons, retaliation, and for contract violations. With regards to Title VII, it’s important to note that it only applies to private employers with 15 or more employees, as well as federal and state employers.
At the state level, the Colorado Anti-Discrimination Act (Co. Rev. Stat. § 24-34-402) also prohibits all forms of retaliation, including wrongful termination, and this law applies to all employers, regardless of their number of employees.
Reasons for wrongful termination
There are many reasons for a wrongful termination lawsuit, but it’s important to note that virtually every wrongful termination lawsuit has three elements:
- The employee filing the lawsuit must have been employed by the employer
- The employer fired the employee
- The employee was fired for exercising a job-related right or privilege to which he or she was entitled
Some job-related rights or privileges are detailed below:
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Fired for discriminatory reasons: In Colorado, as well as elsewhere in the U.S., it is illegal for an employer to fire an employee based on their protected status, such as race, gender, national origin, sexual orientation, age, religion, disability, and pregnancy.
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Breach of Contract: If you have an employment contract (written, oral, or implied) promising job security, then you are not an employment-at-will employee. If the employer then fires you without good cause, then you may have a legal claim for breach of contract.
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Wage and Hour Issues: You have certain wage rights as an employee, and if you file a complaint with the state’s wage board, or something similar, then your employer cannot fire you as a retaliatory measure.
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Whistleblowing: If you witness your employer engaged in unlawful practices, and you speak out about it, then your employer cannot fire you as a retaliatory measure.
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Time Off Work: In Colorado, employers may not discipline or fire workers for exercising their rights for time off, such as military leave, jury duty, voting, FMLA, and other protected leave.
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Other Issues: Employers may not fire employees for filing workers’ compensation claims, reporting workplace safety violations, engaging in lawful activities while off-duty and off-work premises, and for refusing to engage in illegal activity or for exercising important job-related rights.
Call wrongful termination lawyer Raymond Bryant
By filing a wrongful termination lawsuit, you are petitioning the courts to hold the responsible individual(s) accountable for these unlawful actions. However, in many cases, you may have to first report to the EEOC before bringing the action to court. As such, it’s essential to speak with a prominent Denver employee rights attorney who can assess the validity and strength of your claim, while providing expert counsel about the next steps to take. To speak with an attorney regarding your wrongful termination claim, call the Civil Rights Litigation Group in Denver at (720) 515-6165.
Mar 28, 2017 | Civil Rights Law
Denver has a long history of police brutality, and although the State of Colorado has made substantial strides in improving trust between police and civilians, there are still police misconduct cases in Colorado. In fact, just last year, Denverites were marching down the 16th Street Mall to protest police-related violence.
If you were the victim or you suspect that you were the victim of police brutality, it can be helpful to look at the past cases in Colorado and gain a deeper understanding of the federal law and what you can do about it.
Nevertheless, U.S. federal law protects all persons in the United States (yes, all persons, including citizens and non-citizens) from police brutality, and if you were a victim, you can hold the responsible individual(s) accountable by calling Denver CO attorney Raymond K. Bryant of the Civil Rights Litigation Group. For a free consultation regarding your police brutality case, call us today at (720) 515-6165.
Federal laws regarding police brutality
Federal laws addressing police misconduct include both criminal and civil statutes, meaning that, in theory, police officers who violate the law can be liable for criminal charges as well as civil charges. For instance, in a recent case right here in Denver, jurors in Denver awarded $400,000 to a blind man who claimed police brutality after he had his head slammed onto a counter by a police officer.
Under the federal laws 18 U.S.C. § 241, § 242, it is a crime for “one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States.” A law enforcement officer acts “under color of law” if he/she is exceeding their rightful power. Misconduct under this law, therefore, includes excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another.
Furthermore, the “police misconduct provision” (42 U.S. Code § 14141) states that it is “unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers…that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” Under this law, it is illegal for police officers to engage in excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. However, in order for a police officer to violate 42 U.S. Code § 14141, the misconduct must constitute a pattern or practice and it may not simply be an isolated incident.
Civil action for police misconduct and brutality
In the above section, we mentioned a few federal laws, and although these laws make police misconduct and brutality a criminal affair, it’s still important to consider the federal laws that allow Colorado residents to take civil action. The main provision in this respect is 42 U.S. Code § 1983 – Civil action for deprivation of rights. Similar to the criminal provisions, this law explicitly states that any person who causes deprivation of any rights shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Police brutality cases in Colorado
There have been many cases in Colorado, and between 2009 and 2011, police brutality in Colorado reached such an apex that the city was the sixth worst city in the U.S. for police misconduct and brutality (source: the Cato Institute’s police misconduct reporting project). Even today, Colorado holds a dismal law enforcement conviction rate in cases of police brutality (around 19%). The Denver DA’s office has not prosecuted a police officer in an on-duty shooting since 1993. Here are some other statistics illuminating the police brutality problem in Colorado:
- In 2015, two Denver officers fired at a stolen car being driven by 17-year-old Jessica Hernandez, who was unarmed.
- In 2015, 13 people were shot by police in Denver. Seven people died in the shootings, including 6 who were shot in a confrontation with police officers and a 7th who died in custody at the Downtown Detention Center (this has been ruled a homicide and remains under investigation by Denver police).
- In 2013, inmate Isaiah Moreno, who was acting suicidally in solitary confinement, was attacked by guards with tasers. Denver’s Internal Affairs Bureau ruled that excessive force was used.
- In 2013, the city paid $360,000 to four women who were roughed up by police at the Denver Diner.
- In 2012, Patricia Lucero was bloodied by two Denver officers. In 2015, the Denver City Council approved a $50,000 payment to settle the case.
- In 2011, inmate Jamal Hunter was tortured by other inmates in a brutal attack that Hunter claims was facilitated by a Deputy. The Denver City Council approved a $3.25 million settlement.
- In 2011, Alex Landau, an African-American whom police pulled from a car and beat after he made an illegal left turn, won a $795,000 settlement.
- In 2010, Marvin Booker died while being restrained in Denver Jail. Denver was ordered to pay $6 million in the settlement.
Protect your rights and call the Civil Rights Litigation Group
The City of Denver has spent about $20 million in settlements or jury awards over the past 10 years regarding police misconduct and brutality cases. Furthermore, every year, new cases pop up, and even though the state is taking active measures to reduce excessive force cases, it’s critical to ensure that victims and their families receive justice.
If you suspect that you (or a loved one) was the victim of police brutality, make sure to not hesitate and contact Denver civil rights attorney Raymond Bryant. Call the Civil Rights Litigation Group in Denver today at (720) 515-6165 for a free consultation.
Feb 22, 2017 | Employee Rights
When informing the authorities or others regarding your employer’s illicit or illegal activity, you have certain protections under Federal and Colorado state laws. At the Civil Rights Litigation Group, we understand that being a whistleblower is no easy task, and although you have rights that protect against retaliation, your employer may still try to retaliate against you.
Whether your issue involves a layoff, changes in work schedules, “blacklisting,” cuts in hours, and more, you can call civil rights and whistleblower attorney Raymond K. Bryant today. We offer free consultations, and, if we decide to take your case, we’ll employ a vast network of resources, diligent investigation, and vigorous representation to make sure that your rights are protected.
In the meantime, you can learn more about whether or not you qualify as a whistleblower below.
Federal whistleblower laws and you
If you feel that an employer is retaliating against you for whistleblowing, the federal agency known as the Occupational Safety and Health Administration (OSHA) may be on your side. Whistleblowing is an employee right, and OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes. These statutes protect employees who report violations of the law regarding the following:
- Workplace safety and health
- Airline
- Commercial motor carrier
- Consumer product
- Environmental
- Financial reform
- Food safety
- Health insurance reform
- Motor vehicle safety
- Nuclear
- Pipeline
- Public transportation
- Railroad
- Maritime
- Securities
Regarding OSHA, Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights (detailed under the OSH Act). The rights detailed under this Act include, but are not limited to, worker protections when participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, reporting an injury, and raising a safety or health complaint with the employer.
It is also important to note that whistleblowers are protected under the federal False Claims Act, and whistleblowers can report securities fraud (SEC and CFTC) and illegal actions involving the IRS.
Federal employers, on the other hand, can refer to the Whistleblower Protection Act of 1989. This Act only protects federal employees who report agency misconduct, such as illegal practices, gross mismanagement, abuse of authority, or practices that endanger public health.
Whistleblowing and retaliation
Naturally, some employers who willfully and intentionally engage in misconduct won’t be too happy when an employee reports the illegal activity. As such, some employers may wish to retaliate against whistleblowers through some of the following methods:
- Blacklisting
- Demotion
- Firing
- Denying overtime or promotion
- Denial of benefits
- Making threats, intimidation, or harassment
- Reducing pay
- Reassignment to a less desirable position
Additionally, it’s important to note that, when reporting to OSHA, workers who have been retaliated or discriminated against must file a complaint within 30 days of the alleged adverse action. Some types of complaints, such as those that apply to the Energy Reorganization Act or the Federal Railroad Safety Act, allow up to 180 days to file.
OSHA enforces many of the retaliation laws, but because Colorado is a federal-OSHA, retaliation protections apply to federal employees as well as private sector employees where the employer has more than 10 employees.
Do you qualify as a whistleblower?
So, now that you know some of the basic protections regarding whistleblowers in Colorado, the question remains, “Do you qualify as a whistleblower?”
Fortunately, the answer is quite broad, as, depending on the illegal activity being reported, a whistleblower can be a public or private employee, a contractor or a subcontractor, or even a non-employee who can document fraud against Colorado or local governments. Regardless of the illegal activity or fraud you are reporting, some general guidelines show who has a better opportunity for success when whistleblowing. These guidelines include:
- The whistleblower has actual knowledge of the illegal act, not just hearsay or suspicion
- The whistleblower can provide hard evidence of the illegal activity, such as emails or internal documents, among others
- The evidence is specific and details the “who, what, when, and where”
- The whistleblower’s information must be original; it cannot come from a publicly disclosed source
Contact the Civil Rights Litigation Group today
If you are unsure about whistleblowing, feel that you need strong legal backing on your side, or are experiencing retaliation for exercising your rights, call the Civil Rights Litigation Group. By calling us for a free, no-obligation consultation, we will carefully and compassionately (and confidentially) listen to your case and determine whether you have a whistleblower case. If so, we will vigorously and relentlessly pursue your claims to the fullest extent of the law.
Call the Civil Rights Litigation Group at 720-515-6165 today!
Feb 10, 2017 | Civil Rights Law
One of the bedrocks of America is, at least in theory, the right of political and social freedom. This idea, that American citizens have unalienable rights, revolutionized the American experience, bringing millions of immigrants from all over the world to participate in opportunities that were previously unavailable. Unfortunately, even today, many Americans and Colorado residents have their basic constitutional rights infringed upon.
If you have had your rights violated, whether you’ve been discriminated against in the workplace or you’ve been abused by law enforcement, among other civil rights, you need to contact us. At the Civil Rights Litigation Group, we are one of Denver’s leading voices for victims of civil and constitutional rights abuses, and we have the tools and legal know-how to get your case to courts, litigate vigorously, and seek compensation for damages incurred.
Understanding constitutional rights in Colorado
Civil, or constitutional rights in the United States (and Colorado) are the rights of individuals to receive equal treatment from unfair practices and discrimination. There are many laws aimed at protected certain individuals. The most famous protection is the Civil Rights Act of 1964, which was a landmark civil rights and labor law that outlawed discrimination based on race, color, religion, sex, or national origin. In Colorado, the Colorado Civil Rights law also prohibits discrimination on the basis of sexual orientation and marriage to a coworker. According to both federal and state laws, discrimination is illegal when it’s based on:
Elements of a civil rights case
You may have a case when another individual has discriminated against you in a protected setting, such as in an education setting, housing setting, or employment setting. For instance, if an employer has made a hiring/firing or employment decision based on the above-mentioned protections, you may certainly have a discrimination case.
Furthermore, civil rights abuses can occur in the following ways:
What you should do if you have a case
If you were the victim of a civil rights abuse, whether that was discrimination in the workplace, Constitutional Rights abuses, or police brutality, the first step is to contact an experienced attorney in Colorado. With in-depth knowledge of Colorado and federal civil rights laws, as well as experience representing individuals just like you in courts, an attorney can help you combat the abuse, seek justice, and possibly recover compensation for damages incurred.
Before starting a discrimination case, it’s important to note that you must file employment discrimination claims within six months of the alleged act; the deadline is one year for housing claims and 60 days for public accommodations claims. In many cases, your abuse claim will begin with filing an intake packet, which is reviewed by the Colorado Civil Rights Division.
Contact the Civil Rights Litigation Group today
No matter the circumstances, if you have had your rights violated, you need to take action and contact an attorney. Remaining silent solely promotes further discriminatory acts or abuses in the future; as such, filing a lawsuit can help you seek justice while preventing further abuses in the future.
There are deadlines to filing a civil rights claim, so don’t hesitate and contact Denver civil rights attorney Raymond K. Bryant at the Civil Rights Litigation Group today. For a free consultation, call us at 720-515-6165.
