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 were 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
In order 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 his/her 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 prior to 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 attorney Bryant regarding your wrongful termination claim, call the Civil Rights Litigation Group in Denver at (720) 515-6165.
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 Denver CO 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 the 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 that you are reporting, there are some general guidelines that 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, you feel that you need strong legal backing on your side, or you are experiencing retaliation for exercising your rights, then don’t hesitate a second longer and call Denver CO employee rights attorney Raymond K. Bryant at 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.
Jan 27, 2017 | Employee Rights
Every worker in Colorado, and throughout the United States, deserves to paid for the work that he/she conducted. When workers are required (or voluntarily) to work overtime, they also deserve the necessary overtime pay. Unfortunately, there have been many cases right here in Denver where employers didn’t pay their employees’ the correct wages as well as overtime wages, resulting in unpaid overtime.
In Colorado, state and federal laws determine how much (and when) an employee must be paid. However, if your employer hasn’t paid the correct wages or overtime wages, you need to contact the leading Denver unpaid wages attorney as soon as possible. At the Civil Rights Litigation Group, we’re experienced employee rights and trial attorneys, and we boast the know-how and litigation strategies to fight against workplace injustices. Don’t ignore unpaid overtime, and call attorney Raymond K. Bryant at (720) 515-6165.
In the meantime, you can learn more about unpaid overtime below.
Unpaid overtime and wages
For every hour that an employee works, he/she is rightfully owed at least the minimum wage. In Colorado, that minimum wage is $9.30 per hour. Although the federal minimum wage is $7.25, any employee working in Colorado is owed the state minimum wage. In cases where the city or county minimum wage is higher than the state minimum wage, employees are owed the higher amount. If your employer has underpaid you, such as by paying the federal minimum wage, you may have an unpaid wage claim.
Unpaid wage claims do occur, but the most common type of employee wage violation is unpaid overtime. In short, employees in Colorado are entitled to overtime if they work more than 40 hours a week, more than 12 hours a day, or more than 12 consecutive hours. For overtime hours, employers must pay their employees time-and-a-half, which equates to an extra 50% of your hourly rate on top of your regular pay. This means that if you’re paid $10/hr, your overtime pay is $15/hr.
If your employer has failed to pay you adequate overtime hours, the unpaid overtime equals the difference between what you should have been paid and what you were paid.
Exemptions to overtime pay
Not all employees are entitled to overtime pay. Hourly, non-exempt employees have a legal right to overtime, but exempt employees might not be able to claim overtime. The most common examples include outside salespeople as well as white-collar employees who conduct managerial or high-level administrative work. Other exempt employees include:
- Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers
- Salespersons employed by trailer, aircraft, and boat (retail) dealers
- Sales employees of retail or service industries paid on a commission basis
- Employees of the ski industry performing duties directly related to ski area operations for skiing or snowboarding
- Employees of the medical transportation industry who are scheduled to work 24-hour shifts
Penalties for unpaid overtime and wages
If your employer has failed to pay your overtime wages, your employer may be susceptible to certain penalties under federal or Colorado law. These penalties are typically added to the wage difference that the employer owes his/her employee. For instance, federal laws state that employees have the right to ask for liquidated damages regarding overtime wage violations. These liquidated damages are designed to cover financial losses, such as bounced checks and late charges.
Colorado law also provides when the employee’s final paycheck doesn’t arrive on time or include everything that the employee is owed. For instance, if your final paycheck doesn’t include the overtime wages, you may be entitled to 125% of the unpaid wages for the first $7,500 owed and 50% of the unpaid wages for any amount owed over $7,500.
How to file a wage claim or lawsuit
When you’re working overtime, you deserve every penny that you’re owed by your employer. As such, if your employer is shorting your paycheck by avoiding legally owed overtime wages, then you need to contact a Denver employee rights attorney as soon as possible. With the guidance and counsel of your attorney, you can file a complaint about unpaid overtime with the Colorado Department of Labor and Employment (CDLE); you can also file a lawsuit in court.
Contact the wage and hour law attorneys at the Civil Rights Litigation Group
It’s important to acquire expert legal help when filing a complaint with the CDLE or filing a lawsuit in court. At the Civil Rights Litigation Group in Denver, CO, we have helped numerous individuals with their wage and unpaid overtime claims, and we boast the resources and know-how to help you too.
If your employer hasn’t paid you the amount that you’re owed, then call Denver attorney Raymond Bryant at the Civil Rights Litigation Group today! Call 720-515-6165.
Dec 28, 2016 | Employee Rights
When fired from work, it’s understandable to feel frustrated, and it can even feel as if someone unlawfully fired you or gave you the short end of the stick. However, Colorado is an employment-at-will state, which means that employers and employees can end the working relationship at any time, with or without notice, and for any reason, or no reason at all. With this definition, it may seem as if the employer has free reign to fire employees however he/she would like. Fortunately, for the employees’ sake, wrongful termination is a major exception to at-will employment.
Wrongful termination is a broad area of law, and it essentially refers to unlawful terminations due to discrimination, contract violations, violation of Colorado public policy, and so on. If you believe that you were recently discriminated against or wrongfully terminated at your job, you may have a case. The first step is to call Denver employee rights attorney Raymond Bryant at the Civil Rights Litigation Group. Representing clients throughout Denver and the surrounding areas, our law firm can look through your case, provide essentially legal counsel, and, if you have a case, represent your interests diligently, aggressively, and professionally in Colorado courts. For a free, no-obligation consultation with our law firm, call us today at 720-515-6165.
In the meantime, this month’s blog post will describe some of the nuances and differences between employment-at-will and wrongful determinations.
Employment-at-will in Colorado
Throughout the United States, with a single exception for Montana, employment relationships are generally considered to be “at-will.” At-will-employment refers to the freedom of employers and employees to terminate employment contracts. The employer can fire an employee for any reason without incurring a liability, but it’s essential to remember that employers cannot fire an employee for an illegal reason. Additionally, at-will employment means that an employer can change the terms of the relationship employment without notice nor consequences. For instance, the employer can:
- Alter wages
- Terminate benefits
- Reduce paid time off or vacation time
Unfortunately, at-will employment does have some negative effects for the Colorado worker; employees are generally vulnerable to arbitrary and sudden dismissal, a limited work schedule that depends on employer needs, and unannounced cuts in wages and benefits.
Wrongful termination and your rights
The at-will presumption for many employment disputes is very strong. If you were fired and you believe that you were fired illegally, it’s essential to show the courts that you were wrongfully terminated. For instance, some examples of wrongful termination often include:
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Public policy exceptions: The public policy exception refers to when an employee’s termination violates an explicit, well-established public policy of the state. For example, employers in Colorado cannot fire an employee because the employee filed a workers’ compensation claim after being injured on the job. The public policy exception is perhaps the most common example of wrongful termination.
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Implied contract exceptions: Another exception occurs when an implied contracted is created between the employer and the employee. In these cases, there are no express or written contracts; the implied contract can be created through the employee handbook, for example, or through oral or written statements regarding job security or discharge procedures.
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Discrimination or harassment: Federal and Colorado discrimination statutes prohibit employers from making employment decisions based on an individual’s protected status, such as race, color, religion, sex, gender, disability, or veteran status.
What to do if you were wrongly terminated
If you were wrongfully fired from your job, there are some things you should do to help the wrongful termination case and hold your employer accountable for unlawful employment practices. First of all, you should never act out on any negative instincts against your employer. You should also:
- Become familiar with any associated contracts
- Ask about the reasons for your termination
- Request to view your personnel file
- Request and possibly negotiate a severance package
- Don’t allow yourself to be intimidated
Call the leading employee rights attorney Raymond Bryant
If you have been fired from your job, you may have rights as well as severance pay, damages, or unemployment compensation. One of the first steps in pursuing this legal action is to contact an experienced and knowledgeable Denver employee rights attorney. At the Civil Rights Litigation Group, we’ve helped countless individuals with their employment disputes and wrongful termination, and we have the resources and know-how to help you too. For a free, no-obligation consultation with attorney Raymond Bryant, call our Denver law office today at (720) 515-6165.
Nov 23, 2016 | Employee Rights
Colorado, like many states, has comprehensive laws and regulations designed to protect employees from malicious employment practices, such as undercutting employee wages or foregoing overtime payments to employees. Although the vast majority of employees in Colorado receive at least minimum wage as well as “time and a half” overtime pay, there are certain types of employees who are exempt from overtime, minimum wage laws, or both. If you’re not receiving appropriate overtime wages or minimum wages, then you need to first make sure that you haven’t been misclassified as an exempt employee.
If you are not exempt, then you are owed appropriate overtime as well as minimum wage. As Denver CO employee rights attorneys, we at the Civil Rights Litigation Group aim to fully protect employees from violations of overtime and wage laws, and we’ll diligently and expertly represent your claims in Colorado civil courts. Remember that misclassified, non-exempt employees may be entitled to thousands of dollars in unpaid overtime and other wages.
For victims of wage or overtime violations, make sure to call our Denver law office today for a confidential, free consultation. In the meantime, you can learn more about employee exemptions in Colorado by reading below.
Are you an exempt or non-exempt employee?
The federal law regarding wage and overtime regulations for employees is the federal Fair Labor Standards Act (FLSA). Colorado also has several similar laws. To understand whether you’re an exempt or non-exempt employee, it’s important to look at the FLSA as well as Colorado’s laws.
The federal law, FLSA, applies to most employers in Colorado who have annual sales or revenue of over $500,000. At the same time, both large and small businesses in Colorado must comply with Colorado state laws and regulations, such as the Colorado Minimum Wage Order. Ordinarily, overtime is defined as working over 40 hours in a work week. Under Colorado laws, overtime is also defined as working more than 12 hours in a day or a shift. Additionally, the law states that overtime pay must be one and a half times the employee’s regular rate of pay.
Overtime and exemptions from the Colorado wage order
The overtime and minimum wage laws defined above only apply to non-exempt employees. Section 5 of Colorado’s Wage Order sets the legal exemptions for certain occupations and professions. These include administrative, executive/supervisor, professional, outside sales employees, and elected officials and their staff. Other exemptions include:
- Companions
- Casual babysitters
- Domestic employees employed by households or family members to perform the following duties:
- Duties in private residences
- Property managers
- Interstate drivers
- Driver helpers
- Loaders or mechanics of motor carriers
- Taxi drivers
- Bona fide volunteers
- Students employed by sororities, fraternities, college clubs, or dormitories
- Students employed by work experience study programs
- Employees working in laundries of charitable institutions which pay no wages to workers and inmates
- Patient workers who work in institutional laundries
Exemptions from overtime
Section 6 of the Wage Order explains various professions and occupations that are exempt from the Colorado overtime laws. Exemptions from all or part of the overtime requirement may include commission sales, the ski industry, and medical transportation. These exemptions are explained below:
Commission sales exemptions — Employees who receive commissions are exempt from overtime as long as 50% (or more) of their total earnings in a pay period are derived from commission sales. Their rate of pay must also be at least one and a half times greater than the minimum wage.
Ski industry exemptions — Employees who work in ski area operations for downhill skiing or snowboarding are exempt from the overtime requirements. This includes employees who provide food and beverage services at on-mountain locations.
Medical transportation exemptions — Employees of medical transportation operations who work 24-hour shifts are exempt from the 12-hour overtime regulation as long as they receive overtime for working more than 40 hours in a week.
Consequences for misclassified exempt employees
Assuming a worker is exempt from overtime, even though that employee is not exempt, can present significant consequences for the employer. According to federal laws, if an employer doesn’t pay a non-exempt employee legal overtime wages, then that employer may be liable for the underpayment, “liquidated damages” in an equal amount, and even the employee’s attorney fees. Also, it’s important to note that in cases of good faith, where the employer made an honest mistake, some courts will rule that ignorance of exemption requirements is not an excuse.
Also, the employer can get into more trouble, increasing his/her liability, by engaging in any form of retaliation against an employee who claimed overtime.
Call the Civil Rights Litigation Group to protect your overtime rights
As the leading civil rights and employee rights attorney in the Denver, CO, area, attorney Raymond K. Bryant understands the full scope of Colorado and federal employment laws. In addition to helping you know whether or not you were exempt, the Civil Rights Litigation Group will work with you, one-on-one, with the goal of holding responsible individuals accountable for their actions (if they are liable, that is).
To speak with attorney Bryant regarding your case, call our Denver law office today at 720-515-6165 for a free, no-obligation consultation.
