Colorado Employment Law Questions & Answers

Q: Being accused of offering drugs to coworkers

1 Answer | Asked in Criminal Law and Employment Law for Colorado on
Answered on Mar 8, 2018
Kristina M. Bergsten's answer
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 pressed will depend on their investigation. If the police do not think there is enough evidence to turn over to the DA's office for prosecution, they might simply take the complaint and do nothing...

Q: what is my legal stance on getting my final check from past employer who refuses to pay.

1 Answer | Asked in Small Claims and Employment Law for Colorado on
Answered on Jan 21, 2018
Adam Kielich's answer
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 recover attorney's fees on unpaid wage claims.

Q: Can a non profit org change my hourly wage to salary?

1 Answer | Asked in Employment Law for Colorado on
Answered on Jan 21, 2018
Adam Kielich's answer
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 a change to your pay method was lawful. You should talk to an employment lawyer in Colorado.

Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Answered on Jan 21, 2018
Adam Kielich's answer
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 mother should talk to an employment lawyer in Colorado about what happened.

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?

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
Answered on Dec 12, 2017
D. Mathew Blackburn's answer
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.

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?

1 Answer | Asked in Employment Discrimination, Employment Law and Animal / Dog Law for Colorado on
Answered on Oct 11, 2017
Juliet Piccone's answer
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.

Q: Does a retention agreement, where my company is moving locations (and I am not) and I am being retained for two months

1 Answer | Asked in Business Law and Employment Law for Colorado on
Answered on Sep 1, 2017
D. Mathew Blackburn's answer
Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.

Q: Constructive Discharge question

1 Answer | Asked in Employment Law for Colorado on
Answered on Aug 31, 2017
Tristan Kenyon Schultz's answer
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 attorneys may charge for the detailed review, but it appears that you have a legitimate claim (with an actual probability of success), so you can legitimately look for lawyers that provide free consultations. Do...

Q: Can I sue a ex employer for a injury that happened a few years ago who had me say I was not at work when it occured

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for Colorado on
Answered on Aug 30, 2017
Tristan Kenyon Schultz's answer
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of discipline/dismissal by the employer, but these cases are restricted to clearly documented threats by the employer. Also be aware that worker's compensation claims usually expire 2 years from injury.

Q: If a hostile work environment has not been addressed after numerous coworker complaint's. Can I receive a settlement?

1 Answer | Asked in Criminal Law and Employment Law for Colorado on
Answered on Jul 26, 2017
Tristan Kenyon Schultz's answer
Contact an employment law attorney in your area. The attorney will need to review the totality of the situation before any assessment can be made.

Q: I have a three-year contract. Two years in, my company was sold. I want out. Does the sale change affect my obligations?

1 Answer | Asked in Employment Law for Colorado on
Answered on Jul 21, 2017
Tristan Kenyon Schultz's answer
The terms of the contract itself should control the effect of a sale on the parties. The general rule is that the change in ownership does not modify the obligations of either party. In other words, the contract is likely still in effect. If you want to be sure, you will need to hire a lawyer to review the contact.

Q: I live in Colorado. Is it legal for a prior employer (5 years ago) to take money out of 401k without permission?

1 Answer | Asked in Employment Law for Colorado on
Answered on Jul 12, 2017
Tristan Kenyon Schultz's answer
Generally,employers (current or past) are not allowed to "raid" individual retirement plans. However, calculation errors or limited other causes may allow withdrawal. Usually notice is required. A lot depends on the employment and 401K contract. For specific review you will need to pay an attorney to review all the documents and advice on the best course of actions.

Q: Integrity interview phone permission

2 Answers | Asked in Contracts, Employment Law and Civil Rights for Colorado on
Answered on Jun 26, 2017
V. Jonas Urba's answer
You should ask a Colorado attorney that question. Have you traveled to Canada lately? Customs can go through anything, everything, whatever they want. They can read all your correspondence. If customs agents can do that don't you think police will do that even if you were already an officer, already on the job, and using your own private phone? For example, you may have sent a text while driving, a civilian saw you texting at, for example 3:15 PM and called your supervisor, and now your...

Q: if the employer email inbox is left accessible, can information be used that was viewed unknowingly?

1 Answer | Asked in Employment Law for Colorado on
Answered on May 10, 2017
Tristan Kenyon Schultz's answer
Try resubmitting with details of what occurred. This question is too vague to provide an answer.

Q: Can my employer, with approximately 20 employees, not give me my full time job back when my maternity leave is up?

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Answered on May 1, 2017
Tristan Kenyon Schultz's answer
Colorado does not have special maternity laws, but there are federal protections via the Family and Medical Leave Act (FMLA). With some very narrow exceptions, a person requesting leave (which generally must be granted) is required to have their same or similar job at the end of the leave. FLMA does not require payment during the leave, but that is not your issue.

Contact an employment law attorney to review your case, but my read based on your facts is that a violation of the FMLA has...

Q: Can I cancel a pay for play contract for time on a radio station?

1 Answer | Asked in Employment Law and Contracts for Colorado on
Answered on Apr 25, 2017
Tristan Kenyon Schultz's answer
Justia's Q&A cannot provide legal advice or review the contract because this would create an attorney-client relationship. You will need to contact (and likely pay) an attorney directly. The attorney can review the contract and provide you with the guidance.

Q: As an OT I get a portion of what my employer collects from insurance. All work, except client time is unpaid. Legal?

1 Answer | Asked in Employment Law for Colorado on
Answered on Apr 10, 2017
Tristan Kenyon Schultz's answer
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an employment law attorney directly.

Q: is it 3rd party harassment if my married boss spends more time flirting and sitting with other women outside our store?

1 Answer | Asked in Employment Law and Sexual Harassment for Colorado on
Answered on Apr 9, 2017
Tristan Kenyon Schultz's answer
Sexual harassment is contingent on upon you receiving the harassment. That is, sexual harassment does not generally occur when others are harassed. There are a few common law holdovers that allow emotional distress to related parties (which is also contingent on physical harm to a related party), but most of these exceptions have been limited or eliminated with Colorado's tort reform laws.

Q: Can I require medical documentation for missed work from an independent contractor?

1 Answer | Asked in Employment Law and Contracts for Colorado on
Answered on Apr 6, 2017
Tristan Kenyon Schultz's answer
You will have to contact a lawyer directly for a full evaluation of the employment contract and the claimed breach.

The rules for independent contractors are slightly different that those of regular salaried employees, so requesting medical documentation is arguably showing signs of "control" over an employee (employers cannot "control" an independent contractor). The CO Dept. of Labor takes a strict view on this matter. It is your call, but be aware you are swimming in dangerous...

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