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Colorado Employment Law Questions & Answers
Q: If I was hurt at work by another employee do I still qualify for no fault work coverage for my medical bills?
Tim Akpinar
Tim Akpinar
answered on May 18, 2020

It could depend on the circumstances. If you consulted with a workers' comp attorney, they would be in the best position to evaluate your situation. There are certain types of injuries not covered, and a WC attorney would have better insight into this than personal injury attorneys. It's... View More

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... View More

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1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: Can my job ask and share health questions and personal identifying information?

My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2020

The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can... View More

1 Answer | Asked in Employment Law for Colorado on
Q: I was terminated after voicing my concerns over COVID-19 & working from home. Is that okay?

ANSWERED.

Joel Perry Glaser
Joel Perry Glaser
answered on Apr 9, 2020

This potentially is retaliation under your state's whistleblower statute. I recommend you contact an employment attorney.

2 Answers | Asked in Employment Law and Family Law for Colorado on
Q: I can't seem to find anything on common law marriage in Colorado other than age restrictions.

I am looking for something that explains if its legally binding

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 20, 2020

Colorado recognizes CLM. It is equally valid as a ceremonial marriage. It requires that both of you intend to be married and that you live together. This is usually indicated by holding yourselves out to the community as a married couple. Also, you need to be legally able to be married-e.g: not... View More

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to

other employees. We were told he only recorded us to listen in sales meeting to our conversations with clients & prospects. I am in shock & humiliated & frustrated. I need to know my rights in Colorado on gender discrimination in the workplace & wire tapping laws.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 11, 2020

You may have a retaliation claim based on your complaint of sex discrimination under Title VII of the Civil Rights Act of 1964. In order to establish this claim, you'll need to prove (1) you complained of sex discrimination, (2) your employer took an adverse action against you, and (3) there... View More

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1 Answer | Asked in Employment Law for Colorado on
Q: Hi There i was fired a week ago on saterday with out warning is this legal then was told 3 diffrent reasons i had no war
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 5, 2020

Colorado is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time, for any reason or no reason at all (as long as the reason isn't discriminatory). Unfortunately, this means that your employer does not need to give you any... View More

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Colorado on
Q: My boss has made sexual comments, attempt to break into my cabin on property, and groping another employee. what next?

He has tried forcing himself on several employees while we are at work. He is generally intoxicated. There are several females involved and a few are willing to come forward. He was an ex-police officer. He has a lot of family in law enforcement.

Carrie Dyer
Carrie Dyer
answered on Jan 30, 2020

You and others who have witnessed your boss' behavior should immediately report your boss's conduct in writing in accordance with your employer's policy for reporting such violations. If your employer does not have a policy, report the conduct to your boss' supervisor and to... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Can you be fired for a work schedule change you weren’t notified of?

Hi. Every week I take a photo of my work schedule that’s posted each Sunday. This past Sunday, according to my schedule I was supposed to come in on Wednesday. When I arrived today (Wednesday), my boss told me he had changed the schedule and that I was actually supposed to come in on Tuesday... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 23, 2020

Unfortunately, there is no violation here. While this situation is unfair to you, you live in an at-will employment state, meaning you or your employer may terminate the employment relationship for any reason or for no reason at all (as long as the reason is not discriminatory).

1 Answer | Asked in Employment Law and Civil Litigation for Colorado on
Q: Won a labor case and then won the appeal Recieved the final order and decision Now served with a civil summons

Does the Certified Final order and decision Trump the civil summons for this case.?

Donald C Eby
Donald C Eby
answered on Jul 9, 2019

It is really impossible to answer your question based on the scant facts. You have been served with a lawsuit, even if the lawsuit is a loser (for the Plaintiff) you must answer and assert your defense. I recommend that you contact an attorney to review the facts of the first case and the... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on
Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Employment Law for Colorado on
Q: Hello, I want to know if I can create an app that gives people dating advice & helps them update their profiles?

I was wondering if it’s illegal to create an app that gives people dating advice, as well as help people get their online profiles up to date and make them more presentable for the type of person that they’re looking for. I would state that I’m not a therapist or anything like that. But was... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 18, 2019

If you undertake this plan without having the input of at least two lawyers you will probably regret it. This situation is one that brings to mind the ancient warning: "If it looks too good to be true, it probably isn't."

1 Answer | Asked in Criminal Law and Employment Law for Colorado on
Q: Being accused of offering drugs to coworkers

Last week a manager at my job went to our area supervisor and told him that she overheard me asking employees if they do drugs and I could get them whatever they wanted. This never happened. She is now telling my supervisor that he needs to call the police and she will if he doesn't. I... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Mar 8, 2018

If she calls the police, the police might investigate it, either by talking to the two employees or by contacting you for questioning. If they do contact you, you do not have to speak to the police. It would be best if you got an attorney before talking to the police. Whether or not charges are... View More

1 Answer | Asked in Small Claims and Employment Law for Colorado on
Q: what is my legal stance on getting my final check from past employer who refuses to pay.

Past employer refuses to pay final check. Check is also missing correct overtime and commissions. claiming the check is going towards a minor fender bender I was apart of months prior in company truck on the clock. I exchanged insurance information and continued working, after I started a new job... View More

Adam Kielich
Adam Kielich
answered on Jan 21, 2018

In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Can a non profit org change my hourly wage to salary?
Adam Kielich
Adam Kielich
answered on Jan 21, 2018

An employer can change an employee from an hourly basis to a salary basis so long as either the method of payment satisfies the minimum wage and overtime requirements for a non-exempt employee or if the employee is exempt from those requirements. Without more details it is difficult to say whether... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

My mother is 42 years old and had an interview at Qdoba Mexican Grill in Colorado Springs, CO. They told her she was too old for the job and sent her home. It is my understanding that this is not legal, is this true?

Adam Kielich
Adam Kielich
answered on Jan 21, 2018

It is unlawful for a business to discriminate against applicants over the age of forty on the basis of the applicant's age. An employer may be liable to an applicant refused a job on the basis of age if the employer employs more than the minimum threshold under federal and state law. Your... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
Q: I work for a small biz as an employee and was sued personally (small claims) for a mistake the biz made. What do I do?

I work for a small business as an employee that does watch repair by mail. A customers watch was lost in the mail - but now he has sued me personally in small claims court for the lost watch. How do I proceed because I was working as an agent of the company? I don't think I should be... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 12, 2017

Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.

1 Answer | Asked in Employment Discrimination, Employment Law and Animal / Dog Law for Colorado on
Q: If I leave my cat a grooming salon I work at for a few days, and they give her away without my, how can I get her back?
Juliet Piccone
Juliet Piccone
answered on Oct 11, 2017

You will have to sue the whoever gave your cat away and the person they gave it to but there are a lot of details that will affect whether you will be successful. I'd suggest you schedule a consultation.

1 Answer | Asked in Business Law and Employment Law for Colorado on
Q: Does a retention agreement, where my company is moving locations (and I am not) and I am being retained for two months

and then being given severance, does that supersede and override a non-compete agreement?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 1, 2017

Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.

1 Answer | Asked in Employment Law for Colorado on
Q: Constructive Discharge question

case for constructive discharge? and what outcomes with a suit of that sort

Have worked for employer 12+ years, answer directly to partners & manage 2 staff employees, exempt pay status. Recently company decided wanted to make some changes for the company. Wanted me travel to week... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 31, 2017

Based on your facts, you likely have a case. Of course, you really need to contact an employment lawyer directly to review all the specifics of your case (this will also create a confidential and attorney-client protected conversation--which Justia's Q&A does not provide).

Some...
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