Colorado Employment Law Questions & Answers
Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such
A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house
Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.
Q: Hello, I want to know if I can create an app that gives people dating advice & helps them update their profiles?
I was wondering if it’s illegal to create an app that gives people dating advice, as well as help people get their online profiles up to date and make them more presentable for the type of person that they’re looking for. I would state that I’m not a therapist or anything like that. But was... Read more »
If you undertake this plan without having the input of at least two lawyers you will probably regret it. This situation is one that brings to mind the ancient warning: "If it looks too good to be true, it probably isn't."
Q: Being accused of offering drugs to coworkers
Last week a manager at my job went to our area supervisor and told him that she overheard me asking employees if they do drugs and I could get them whatever they wanted. This never happened. She is now telling my supervisor that he needs to call the police and she will if he doesn't. I honestly... Read more »
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... Read more »
Q: what is my legal stance on getting my final check from past employer who refuses to pay.
Past employer refuses to pay final check. Check is also missing correct overtime and commissions. claiming the check is going towards a minor fender bender I was apart of months prior in company truck on the clock. I exchanged insurance information and continued working, after I started a new job... Read more »
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... Read more »
Q: Can a non profit org change my hourly wage to salary?
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... Read more »
Q: Can an establishment, such as fast-casual restaurants, discriminate against age?
My mother is 42 years old and had an interview at Qdoba Mexican Grill in Colorado Springs, CO. They told her she was too old for the job and sent her home. It is my understanding that this is not legal, is this true?
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... Read more »
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?
I work for a small business as an employee that does watch repair by mail. A customers watch was lost in the mail - but now he has sued me personally in small claims court for the lost watch. How do I proceed because I was working as an agent of the company? I don't think I should be personally... Read more »
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?
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
and then being given severance, does that supersede and override a non-compete agreement?
Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.
Q: Constructive Discharge question
case for constructive discharge? and what outcomes with a suit of that sort
Have worked for employer 12+ years, answer directly to partners & manage 2 staff employees, exempt pay status. Recently company decided wanted to make some changes for the company. Wanted me travel to week long... Read more »
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... Read more »
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
I had surgery on my shoulder recently do to the work related injury I was let go or forced to quite plus did not get any compensation for it
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... Read more »
Q: If a hostile work environment has not been addressed after numerous coworker complaint's. Can I receive a settlement?
Me and my fellow coworkers supervisor has been escalating insensitive, malicious actions that have only worsened. The supervisor has mocked my coworkers need for help(may), while have wide changing mood swings that can incite more aggressive vocalization, and mocking body behavior. The actions... Read more »
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?
The contract specifies that I cannot work for a competitor until 6mo. after Term ends, or after my last day. thanks.
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... Read more »
Q: I live in Colorado. Is it legal for a prior employer (5 years ago) to take money out of 401k without permission?
Hello, I am asking on behalf of my father who worked for a company approximately 5 years ago. He was laid off due to the company selling the division. When he worked there he had a 401K account with an employee match deal. 5 years later (as of yesterday) he discovered that the company made a... Read more »
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... Read more »
Q: Integrity interview phone permission
I live in New York and was in an interview in Colorado for police department. During the integrity interview they asked if I would be okay with them looking through my phone and I said I don't think it's relevant and said no and they said they're sorry I failed the interview I was wondering if it... Read more »
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,... Read more »
Q: if the employer email inbox is left accessible, can information be used that was viewed unknowingly?
Try resubmitting with details of what occurred. This question is too vague to provide an answer.
Q: If the company I work for doesn't have a policy on marijuana, can I be randomly tested or fired for it?
Yes.
Q: Can my employer, with approximately 20 employees, not give me my full time job back when my maternity leave is up?
I requested 6 weeks off, and 4 weeks into my time off, my boss is telling me they couldn't hold the full time job open and offered me a different part time job. Is that legal?
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... Read more »
Q: Can I cancel a pay for play contract for time on a radio station?
He's breaking rules that are in his contract and his contract is up for renewal and we don't want to renew it. He's paid for the time but hasn't signed the new contract.
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?
We are not 1099 employees. If the insurance denies the claim we are not paid. There is quite a bit of work (at least an additional 25%) that is not client facing but is essential to the practice such as maintaining documentation, developing treatment plans, communicating with other medical... Read more »
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.
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