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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: I was on FMLA leave for almost a month now that im back ive been told i am not allowed to do overtime in most areas

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

Carrie Dyer
Carrie Dyer 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... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Needing to find a lawyer for wrongful termination, discrimination and retaliation against a company policy. HELP?!

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... Read more »

Niran Grimberg
Niran Grimberg 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.

1 Answer | Asked in Employment Law for Colorado on
Q: Can employer change my time card to say i took a longer lunch than I actually did?

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... Read more »

Rhiannon Herbert
Rhiannon Herbert 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... Read more »

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: Am I violating a non-poach if former coworker approached me?

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... Read more »

Rhiannon Herbert
Rhiannon Herbert 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... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: I signed a job description 1 year ago for my current salary and duties were added on,

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?

Rhiannon Herbert
Rhiannon Herbert 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.

1 Answer | Asked in Employment Law for Colorado on
Q: Disability, had incident at work, had to leave because of manager discrimination.

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... Read more »

Kyle Anderson
Kyle Anderson 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.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Colorado on
Q: Questions Regarding Pregnancy Accommodations and FMLA in Colorado State?

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... Read more »

Kyle Anderson
Kyle Anderson 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... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: Am I experiencing pregnancy discrimination when being forced to take a 60k pay cut or immediately take FMLA?

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... Read more »

Rhiannon Herbert
Rhiannon Herbert 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... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Am I supposed to be paid tipped minimum wage when I pool my tips with management and BOH?

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... Read more »

Kyle Anderson
Kyle Anderson 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...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: I was fired the first week of training for being blamed on not properly working the new tech platform correctly, Case?

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.... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 17, 2021

While unfair, there is likely no legal claim available to you based on the information you provided.

1 Answer | Asked in Employment Law for Colorado on
Q: I’m a live in 24 hour caregiver for an assisted living I have an overtime salary question

I live in basement of house it’s a 12 bed medicade /Medicare assisted living

Rhiannon Herbert
Rhiannon Herbert 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,... Read more »

1 Answer | Asked in Construction Law, Contracts and Employment Law for Colorado on
Q: Construction contract has been breached by made up unreasonable claim that job wasn’t done right what are my options

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... Read more »

Donald C Eby
Donald C Eby 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?

1 Answer | Asked in Employment Law for Colorado on
Q: I was injured while skiing with my employer on the clock, and he didn't reimburse my surgery costs. Could I sue him?

I was working as a live-in personal assistant for him, uninsured, and he was paying me under the table.

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Employment Law, Contracts and Construction Law for Colorado on
Q: If I agree to finish a basement for labor amount only can homeowner deny payment for claimed unsatisfactory work.

Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid

Timothy Denison
Timothy Denison answered on Feb 7, 2021

Lien up his house for the full amount owed and walk away.

1 Answer | Asked in Employment Law for Colorado on
Q: I tested positive for Covid after not being informed that two employees had it where I work. They did not inform me.

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... Read more »

Sean Maye
Sean Maye 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... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can I sue my wife’s employer for emotional distress

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

Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law for Colorado on
Q: My girlfriend got fired for discussing wages today. We live in colorado is this illegal?
Rhiannon Herbert
Rhiannon Herbert 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).

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: My employer agreed to do a Covid study with a college in Fort Collins Co. The study was for 8 weeks one nasal test per

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

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Animal / Dog Law, Employment Discrimination and Employment Law for Colorado on
Q: I live in Colorado, am I allowed time off work if my dog passed away. I got fired for coming in late the day he was died

The day my dog died I had taken him to the vet in the morning for a follow up check up I called into work to let them know I was going to come in late and I was going to make him stable comfortable and I will come in to work to finish my shift, I got fired that day and their excuse was lack of... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 22, 2020

You have no right to work in the state of Colorado period. Your dog has the same legal status as a toaster. Sorry.

1 Answer | Asked in Divorce, Employment Law, Estate Planning and Family Law for Colorado on
Q: If I have to take a lower paying job to be close to my children will the court see this as under-employment?

My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.

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