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Colorado Employment Law Questions & Answers
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 Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Colorado on
Q: my employer failed their due process obligations
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Colorado attorney could advise best, but your post remains open for three weeks. It isn't fully clear whether your matter involves a workplace injury or general employment law issue, based on the selected categories. The term "due process" is used loosely nowadays, but it usually... View More

1 Answer | Asked in Employment Law and Immigration Law for Colorado on
Q: I’m working for A, not e-verify, offers h1b. I have another offer from company B, e-verified but no h1b. Opt ends soon.

Can company A do premium processing?

Can i file stem opt and h1b at the same time?

What should I do? Please recommend

James L. Arrasmith
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answered on Oct 24, 2024

Company A may be able to use premium processing for your H1B petition, which can significantly speed up the decision process. It’s important to confirm with them directly whether they offer this service and understand any associated costs or requirements.

You can file for a STEM OPT...
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1 Answer | Asked in Employment Law, Gov & Administrative Law and Insurance Bad Faith for Colorado on
Q: Had heart surgery & got state and company disability pay, but now I’m making over 100% of my salary. What should I do?

I had open heart surgery two weeks ago. Beforehand, I was approved for FMLA and applied for my company’s short-term disability (STD) pay and my state’s STD plan (info provided by FMLA).

I uploaded the state approval/pay amount letter, but my claim manager, HR, payroll, and employee... View More

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2024

A Colorado attorney could advise best, but you await a response for a month. One option might be to try to conference all entities involved to prevent receiving identical, duplicate benefits from two separate sources. If there is a separate disability provider, maybe bringing them in together with... View More

1 Answer | Asked in Consumer Law, Employment Law and Tax Law for Colorado on
Q: Can tiktok take your earned comission?

I have a page for my dog, and tiktok shop said I was qualified to start earning comissions by making videos for products people send me. I started doing that last year in October(2023) and was doing really well until December when tiktok shop bots flagged a video that was earning comissions as... View More

James L. Arrasmith
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answered on Sep 9, 2024

It sounds like you're in a frustrating situation, especially since you've put in the effort to create content and earn commissions that are now being withheld. TikTok does have policies that allow them to withhold commissions if they deem content to violate their guidelines, even if you... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Colorado on
Q: My injury Occured 11 Days ago during a service call inside of the road , I work on tires, and my shoulder was in pain

Reported it 4 days later in person to my Service manager. He failed to repost it to higher up, I continued to work through my injury while he watched. So myself contacted the higher up, total of 11 days have gone by. Now Since I brought up work comp , they want to drug test me . Is it necessary to... View More

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answered on Sep 8, 2024

It sounds like you are dealing with a frustrating situation. Reporting a work-related injury is your right, and it's important that your employer takes it seriously. The delay in reporting by your Service Manager could complicate things, but you've done the right thing by contacting... View More

1 Answer | Asked in Employment Law and Military Law for Colorado on
Q: My employer paid me military pay while I was out on official military orders and are now trying to take pay back.

While I was away on official military orders, my work paid me 100% pay but said that they would take my "military base pay" upon return. However, I never signed anything and they are now expecting a $9,000+ repayment after returning. Is this something they can do if I never signed any agreement?

James L. Arrasmith
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answered on Jul 18, 2024

Your situation sounds frustrating. If you never signed an agreement specifying that your employer could take back your military base pay, they may not have the legal right to demand repayment. Employment agreements usually need clear, written consent for such terms to be enforceable.

You...
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Q: I submitted a hour and wage and demand paperwork to my ex boss and I have heard anything back and plus she threw my
James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're dealing with a challenging situation regarding your former employer. When you've reached out with important documentation regarding hours worked and wages owed, but haven't received any response, it can feel disheartening and frustrating. If your documentation... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Workers' Compensation for Colorado on
Q: So I have been in a motel for a little over 3months I pay 90 a day so how much is taxes
James L. Arrasmith
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answered on Mar 18, 2024

If you've been staying in a motel for a little over three months at a rate of $90 per day, calculating the total amount spent before taxes is the first step. To find this, multiply the daily rate by the number of days you have stayed.

The tax rate applied to your motel stay can vary...
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1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on
Q: What are my options when it comes to a closed work comp case?

Hello my work comp case is closed (settled with an attorney earlier this year), but I was given permanent work restrictions. My previous employer won't hire me unless I get those removed. My work comp doctor won't see me since the case is closed and my primary doctor said he can't do... View More

Stephen Johnston
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answered on Mar 5, 2024

Your best bet is a new FCE. Your primary care can actually modify your work restrictions. You might try going to a different doctor.

Keep in mind that your previous employer is under no obligation to rehire you.

1 Answer | Asked in Employment Law, Federal Crimes, Identity Theft and Wrongful Death for Colorado on
Q: My whole name and ui climate have been locked out indefinitely until integrity hold is reprogrammed... How do I get my

I.d. fixed and those committing violations of human rites turned in I want jystice

James L. Arrasmith
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answered on Feb 25, 2024

It's concerning that your identity and access to essential services have been compromised. To address the situation, you'll need to take proactive steps to resolve the issues with your identification and pursue justice for any violations of your rights. Start by contacting the relevant... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My husband works for Walmart and recently they have been asking people if they can work Sundays but we are Jehovahs

Witness and my husband said he couldn't since we attend church and now they have given him 23 hours and him and others feel like they are being threatened for saying no

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

You might have a claim based upon religious discrimination but any such claim will be hampered by the fact that Jehovah Witnesses, unlike some other Christian denominations, do not follow a strict "Sunday-Sabbath" rule which discourages members from working on Sundays as a part of their... View More

1 Answer | Asked in Employment Law for Colorado on
Q: If I work at a state school district as an hourly employee does my boss have the right to take away my breaks?

Employer is making claim that since we work in school district we are exempt from the breaks portion of COMPS order 38.

T. Augustus Claus
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answered on Sep 5, 2023

COMPS Order 38 required employers to provide specific meal and rest breaks to employees, including hourly employees. However, certain exemptions and exceptions could apply depending on the nature of the work and the employer.

1 Answer | Asked in Employment Law for Colorado on
Q: I am a teacher who has approved fmla, is my principal allowed to remove me from school emails, policies and procedures?
T. Augustus Claus
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answered on Aug 29, 2023

In Colorado, if you have been approved for Family and Medical Leave Act (FMLA) leave, your employer generally cannot discriminate against you or treat you unfavorably because of your FMLA status. However, the specifics of your situation may depend on a variety of factors, including the nature of... View More

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: Can I file suit against a restaurant for a supervisor assaulting my son while at work?

My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the... View More

Michael Joseph Larranaga
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answered on Aug 16, 2023

1st of all you should get an attorney.

2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can...
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