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
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
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
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
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
ANSWERED.
answered on Apr 9, 2020
This potentially is retaliation under your state's whistleblower statute. I recommend you contact an employment attorney.
I am looking for something that explains if its legally binding
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
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.
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
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
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.
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
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
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).
Does the Certified Final order and decision Trump the civil summons for this case.?
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
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
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.
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
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."
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
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
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
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
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
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?
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
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
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.
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.
and then being given severance, does that supersede and override a non-compete agreement?
answered on Sep 1, 2017
Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.
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
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... View More
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