answered on Feb 1, 2022
All employees can be paid by the hour, but there are rules that must be followed for whether an employee can be paid on a salary basis. If you have a manager that's currently paid on a salary basis, they can be switched to hourly, provided that they are paid overtime for all hours worked in... View More 
I was a probationary teacher but never received a written non- renewal letter. Is there any legal action possible in this situation?
answered on Dec 29, 2021
This depends on the language in your old contract (the one that isn't being renewed). If your old contract states that you must be informed in writing and/or given prior notice of non-renewal, then you should discuss your situation with a Colorado employment attorney.
The illness that required it was my mothers and it was sudden i gave as much notice as i could. I have been told by my supervisor i can do overtime in my main area but am forbidden from doing it elsewhere indefinitely because of my use of leave
answered on Nov 17, 2021
It sounds like your employer may be violating the Family Medical Leave Act. An employer cannot use your FMLA leave as a negative factor in making an employment decision that impacts your ability to earn income. More information is needed to analyze your situation. You should contact an employment... View More
I was just terminated due to violating company policies. Supervison stated I wasn’t following their company credit card policy procedures due to one transaction I had that was over $150,000 when another director(manager) was there during this transaction as well. The policies were never explained... View More
answered on Oct 3, 2021
A lot more needs to be known regarding your situation in order to assess whether you have any legally actionable claims. I highly recommend you have a free consultation with an employment attorney so see whether you have been discriminated or retaliated against for any unlawful reasons.
My employer says that they have to give us 30 minute lunches no matter what. In the past I have taken a 15 minute unpaid break and gone and clocked back into work. My employer went in after and changed my time card to say that I actually took a 30 minute unpaid meal and said that they have to make... View More
answered on Sep 29, 2021
Break times of 30 minutes or more can be unpaid, but this must be an "uninterrupted" break. If you have to work during any portion of the 30 minutes, you must be paid for the time you work. However, your employer can adopt a policy prohibiting employees from working during their lunch... View More
I am in accounting and last week I left a job with a software company to join a hospitality company. A former coworker I used to supervise had asked when I was leaving where I was going. I told him and nothing else was discussed. When I started at my new company he texted me and said he had applied... View More
answered on Aug 3, 2021
The answer to this question depends on the specific language used in your non-compete with regard to the solicitation of employees. If your former employer contends that you violated your agreement, you should reach out to a Colorado employment attorney for a consultation and review of your... View More
My company now wants me to sign the same job description (without the additional tasks I acquired) and take a 13k decrease. Can they do this?
answered on Jun 29, 2021
Federal law only requires that salaried employees be paid at least $684 per week. Assuming your pay cut does not drop you below this minimum amount, then unfortunately, the law does not provide much protection in this situation.
I have a disability covered by the ADA, and I had an incident at work. My manager angrily told me that I had to tell her that I had this disability before she hired me, and denied that HIPPA had any relevance to the situation. I left, but not without the parting shot from her of "I never would... View More
answered on May 6, 2021
Hi, more information is needed here. One issue I see is that it seems you quit. More information is needed about the environment. I would reach out to an employment law attorney in your state for a consultation.
I am currently 6.5 months pregnant, and have been granted an accommodation by my workplace to complete my work remotely for the duration of my pregnancy. In January, during my first trimester, I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to... View More
answered on Apr 28, 2021
Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... View More
I am wondering if it would be possible to get input from one of your attorneys in regards to an employment situation that I have recently found myself in.
I am currently 6.5 months pregnant, and have been granted an accommodation since January, during my first trimester, when I started to... View More
answered on Apr 28, 2021
Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... View More
At my job, FOH employees are paid tipped minimum wage- $9.30. FOH employees receive tips, which are pooled and also shared with management and BOH employees, of which both groups receive at least minimum wage or higher. I read a passage on the Colorado department of labor website stating that... View More
answered on Mar 31, 2021
Tip credit and tip pooling are two different things. A tip credit is when an employer pays you less than the minimum wage ($4.25 per hour for instance) and gets a credit from the tips you receive to count toward its obligation to pay minimum wage ($9.00 per hour for example).
The DOL... View More
The first week of training I was blamed for not working the tech platform up to their standards. The tech Platform was new and kinks were being worked out. I was blamed for their troubles/kinks on the platform. They made excuses and said beside I showed no interest in the position in training.... View More
answered on Mar 17, 2021
While unfair, there is likely no legal claim available to you based on the information you provided.
I live in basement of house it’s a 12 bed medicade /Medicare assisted living
answered on Feb 24, 2021
Whether you are entitled to overtime pay for your hours worked over 40 per workweek depends on the types of duties you perform. If you provide mostly companionship services to the client (e.g. social activities, games, conversation, etc.) then you do not need to be paid for overtime. If, however,... View More
Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... View More
answered on Feb 17, 2021
You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?
Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid
I was working as a live-in personal assistant for him, uninsured, and he was paying me under the table.
answered on Feb 12, 2021
A Colorado attorney could advise best, but your post remains open for two weeks. An employment law attorney might be in a better position to offer initial guidance here, as this isn't a straight up personal injury case. You could repost under Employment Law, or you could reach out to Colorado... View More
A child I interacted with and that was sick at our facility (vomiting is documented) tested positive for Covid. As did a staff member. I was not informed of this and went to work for 2 days before getting symptoms and testing positive. The building has never been cleaned or aired out and they... View More
answered on Nov 11, 2020
What you described here sounds like negligence and an intentional tort if the facility was aware of the positive cases but nevertheless actively campaigned to avoid notifying its employees and the public about the risk of exposure. You will need to consult with a civil litigation attorney to... View More
I’ve been getting lots of Axsitaty attacks her issues are my issues from work give a hostile work environment can’t sleep at night I get so stressed and angry with her we fight a lot
answered on Nov 11, 2020
Unfortunately, you would not have standing to sue her employer because they do not owe a duty to you. Your wife could potentially bring a claim but an employment lawyer would need to know more of the facts.
answered on Nov 2, 2020
While this situation seems unfair, employees in at-will employment states can be fired for any reason or no reason at all, as long as they are not fired for a discriminatory reason (i.e. based on their sex, race, religion, age, or disability).
Week.We were asked to sign a permission form that clearly stated it was voluntary.
However the employer told employees that if we refused the testing we would be taken off the schedule. This does not allow us to make decisions about our own bodies.Thank You
answered on Oct 12, 2020
A Colorado attorney could advise best, but your post remains open for two weeks. In terms of the personal injury aspects of the matter, it does not appear to be something that would form the basis for a personal injury claim. Such a claim would require the element of damages. And if participants... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
