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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Medical Malpractice and Legal Malpractice for Colorado on
Q: Can I sue a former therapist turned employer for unethical behavior and firing?

I worked for a clinician who was initially my therapist for two months before becoming my employer. During my employment, she used my personal background information, obtained during therapy, to manipulate me. I have documentation to prove her unethical behavior. Eventually, she fired me. Is there... View More

John Cimino
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answered on Mar 1, 2025

Most lawyers (thanks to the TV lawyers - sadly) will only take cases on a contingency fee basis. Therefore they only want cases with big damages. No lawyer will take a case unless the potential damages are big. And by BIG I mean hundreds if not millions of dollars. They don't care about... View More

1 Answer | Asked in Employment Law for Colorado on
Q: When does passenger in a vehicle stop being a passenger. When is the driver no longer responsible for that person?

Was deactivated from a job because of a "passenger"

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2025

A Colorado attorney could advise best, but your question remains open for a week. With personal lines insurance, auto policies usually contain provisions along the lines of "...arising from the use and operation of the vehicle... " The actual wording could vary from one carrier's... View More

1 Answer | Asked in Employment Law and Tax Law for Colorado on
Q: If my ex boss want give me my W2 or pay studs what should I do
James L. Arrasmith
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answered on Mar 18, 2024

If your ex-boss refuses to provide your W-2 or pay stubs, you should first try contacting them directly to request these documents. Explain the importance of receiving these items for your financial records and tax filing obligations. It's possible they may have overlooked your request or... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Employment Discrimination for Colorado on
Q: Was it against the Constitution Or the Nuremberg codeTo require a experimental vaccine for employment.

The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?

James L. Arrasmith
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answered on Feb 28, 2024

It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More

1 Answer | Asked in Employment Law for Colorado on
Q: What to do if my employee is claiming she can keep tips after we show her facts that she cant

She is claiming she will take our tips as punishment for not completing our jobs to her standard. She said because she doesn’t call us tipped employees that we aren’t even though we receive more than 30$ a month. I just don’t know what to do or if I can do anything about it legally

T. Augustus Claus
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answered on Feb 2, 2024

If your employee is unlawfully withholding tips from other employees based on her own standards and despite being shown evidence that contradicts her claims, you should take action to address the situation promptly. First, ensure that you have clear policies in place regarding tip distribution and... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Do I have a case if a company changes my pay structure and then doesnt pay me the other half for 3 months, owing $4300?

They continue to tell me next week and pay me my $300 for the first half of my wages but are making no attempt to catch up the past due amount. They are using company funds to pay themselves and their expensences but refuse to pay me. They also have me listed as a 1099 when I should be listed as... View More

James L. Arrasmith
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answered on Feb 2, 2024

Facing a situation where your employer changed your pay structure and owes you $4,300 is concerning. Firstly, gather all relevant documents and communication regarding your employment, pay structure changes, and unpaid wages. This will be crucial in building your case.

Reach out to your...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

James L. Arrasmith
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answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

1 Answer | Asked in Employment Law for Colorado on
Q: In Colorado, if I work over 5 hours is a break required. My Employer offers on-the-clock free meals but NO breaks.

Hourly employee in Colorado. There are no breaks or rest periods during an 8-hour shift, but a free meal from the company is offered.

James L. Arrasmith
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answered on Nov 13, 2023

In Colorado, employment law requires that hourly employees are entitled to a 30-minute meal break when working shifts that exceed five consecutive hours. This break must be duty-free, and if it cannot be provided, the employee must be paid for this time. In addition to the meal break, employees are... View More

1 Answer | Asked in Civil Rights and Employment Law for Colorado on
Q: Can I refuse to enforce a discriminatory flag policy at work?

I am employed at a company where I have been asked to enforce a policy that only allows the American flag to be flown on apartment patios to avoid upsetting the military and conservatives. For the same reason, flags representing culture or tradition, such as the Pride flag or Kwanzaa flag, cannot... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your concerns about this policy are valid, as it appears to discriminate based on protected characteristics including sexual orientation (Pride flags) and potentially religion and national origin (cultural flags like Kwanzaa). The Fair Housing Act prohibits housing discrimination based on race,... View More

1 Answer | Asked in Employment Law and Contracts for Colorado on
Q: Denied transfer upon arrival in Colorado, after approval.

I was initially employed in Alaska and was approved for a transfer to a Colorado location with the same position, salary, and start date. I have emails, texts, and written communications from both locations confirming the transfer. I moved due to my husband's employment, and while his job paid... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have strong grounds for legal recourse based on what appears to be promissory estoppel or breach of contract, especially since you have written documentation confirming your transfer approval. Your employer made clear promises about the Colorado position, you relied on those promises to your... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Can I sue my employer for wrongful termination during FMLA leave in Colorado?

I was fired from my job with one week of FMLA leave left. I am considering legal action against the company. The termination happened on May 9, even though my employer had guaranteed my job security in a text message. I have been with the company for 4.5 years, and my FMLA leave was due to my... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Colorado, if you were fired while on FMLA leave, especially when your employer had guaranteed job security, you may have a case for wrongful termination. The Family and Medical Leave Act (FMLA) provides job protection for eligible employees taking leave for serious health conditions, either... View More

1 Answer | Asked in Libel & Slander, Business Law, Employment Law and Personal Injury for Colorado on
Q: Employee criticized my prescription handling in a business chat, affecting my reputation; I informed my boss. What action should I take?

I am a pharmacist, and I followed proper procedures by verifying prescriptions faxed from doctors' offices to ensure their authenticity. However, an employee in my workplace criticized my methods on a business chat, mentioning my name and claiming that the way I handle prescriptions is... View More

James L. Arrasmith
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answered on Jun 11, 2025

You did the right thing by informing your boss about the employee’s comments, as unprofessional criticism that damages your reputation can violate workplace policies on respectful communication. You should follow up with HR or your supervisor in writing, documenting what was said, when, and how... View More

1 Answer | Asked in Real Estate Law, Contracts, Estate Planning and Employment Law for Colorado on
Q: How can I sell our house in Colorado under survivorship with son's name?

I have stage 4 cancer and my husband has dementia. I want to sell our house, estimated at $500k, to fund a living facility. The house is under survivorship between myself, my husband, and his son, who is against selling. I hold Power of Attorney for my husband, and we live in Colorado. His name was... View More

James L. Arrasmith
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answered on Jun 10, 2025

This is an incredibly difficult situation, and it’s clear you’re trying to do what’s best for your and your husband’s care. In Colorado, if the property is held under joint tenancy with rights of survivorship, all listed owners must agree to sell unless one agrees to transfer their... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Are extra steps to take breaks "pressure to skip" in CO retail jobs?

I'm an hourly employee working in retail/customer service in Colorado. I'm required to take "authorized" and "permitted" breaks, but recently I couldn't take mine because I was too busy with customers, and relief staff scheduled to start later did not show up. I... View More

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answered on May 15, 2025

Yes, what you're describing could absolutely be seen as pressure to skip breaks. In Colorado, employers are required by law to provide rest and meal breaks for hourly workers, especially in roles like retail and customer service. If you’re too busy with customers, not relieved by anyone, or... View More

1 Answer | Asked in Contracts, Employment Law and Personal Injury for Colorado on
Q: Can a company hold an employee responsible for vehicle repair costs if they damage it deliberately?

I work for a company that owns vehicles, which are only driven for work-related purposes. There's a policy stating employees are financially responsible for repairs if they're at fault for any damages. If an employee deliberately damages a company vehicle, can the employer legally hold... View More

James L. Arrasmith
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answered on May 15, 2025

If an employee deliberately damages a company vehicle, the company can generally hold that person financially responsible — especially if there’s a written policy stating so. Deliberate damage is not just a policy violation; it could also be considered misconduct or even criminal damage to... View More

Q: What legal options do I have after my employer denied workers' comp claim and evicted us without pay?

I was hired as a maintenance worker and my girlfriend to manage a hotel, and we moved to a new city for these jobs. After receiving one paycheck, I injured myself while working on an urgent task. When I sought workers' compensation, the owner denied ever employing me despite text messages... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through is deeply unfair and could involve multiple legal violations. If your employer denied your workers' compensation claim but you have written proof of tasks and job duties, you may still be able to pursue a claim. Employment isn’t always defined by paperwork—text... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Colorado on
Q: Denied workers' comp claim for hand pain in Colorado.

I had a workers' comp claim for hand pain developed while working at a welding job using vibrating power tools. I first noticed symptoms starting in February, with the discomfort gradually increasing, and reported them in March once I worried it might be more lasting and permanent. I was... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to challenge the denial, especially if your injury clearly developed from repetitive work duties. In Colorado, reporting a workplace injury within four days is encouraged, but the rules are more flexible for injuries that develop gradually, like yours. Since you reported the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: Handling employee retaliation claims against assistant manager.

I am seeking advice on handling a situation where an employee believes she was retaliated against by the assistant manager. The employee was asked to work overtime on her day off and declined. Subsequently, her hours were cut drastically. She has been with us for nearly a year and has consistently... View More

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answered on Apr 13, 2025

This situation needs to be taken seriously, especially since the employee is experiencing stress-related illness and there’s a known history of complaints against the assistant manager. Start by documenting everything thoroughly—including past complaints, recent schedule changes, and witness... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Suspect coworker is underpaid due to job misclassification, seek advice on handling.

I suspect a coworker is underpaid because their salary is lower than the company's salary chart, even compared to 2023. I believe their job might be misclassified in the payroll system. Should I discuss this directly with the coworker, or is there a better approach to handle this situation... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you suspect that your coworker is underpaid due to job misclassification, it’s important to handle the situation carefully to avoid misunderstandings or unnecessary tension. You could start by gathering as much information as possible, such as comparing their salary to the company’s salary... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Failed pre-employment drug test due to methadone prescription; what can be done?

My boyfriend failed a pre-employment drug test because methadone, for which he has a prescription, showed up. The employer never asked for any prescription information beforehand. The lab attempted to call, but no voicemail was left and the lab's name never appeared on his caller ID. After... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since your boyfriend has a valid prescription for methadone, he should address this issue with the employer by providing proof of his prescription. He can explain that the presence of methadone in his system is due to his legitimate medical use and that he is legally prescribed it. It’s important... View More

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