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Colorado Employment Law Questions & Answers
1 Answer | Asked in Criminal Law and Employment Law for Colorado on
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... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Mar 8, 2018

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 »

1 Answer | Asked in Small Claims and Employment Law for Colorado on
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 »

Adam Kielich
Adam Kielich answered on Jan 21, 2018

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 »

1 Answer | Asked in Employment Law for Colorado on
Q: Can a non profit org change my hourly wage to salary?
Adam Kielich
Adam Kielich answered on Jan 21, 2018

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 »

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
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?

Adam Kielich
Adam Kielich answered on Jan 21, 2018

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... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
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... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 12, 2017

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.

1 Answer | Asked in Employment Discrimination, Employment Law and Animal / Dog Law for Colorado on
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?
Juliet Piccone
Juliet Piccone answered on Oct 11, 2017

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.

1 Answer | Asked in Business Law and Employment Law for Colorado on
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?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 1, 2017

Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.

1 Answer | Asked in Employment Law for Colorado on
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... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 31, 2017

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...
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

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 30, 2017

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 »

1 Answer | Asked in Criminal Law and Employment Law for Colorado on
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 »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 26, 2017

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.

1 Answer | Asked in Employment Law for Colorado on
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.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 21, 2017

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 »

1 Answer | Asked in Employment Law for Colorado on
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 »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 12, 2017

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... Read more »

2 Answers | Asked in Contracts, Employment Law and Civil Rights for Colorado on
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... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jun 26, 2017

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 »

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1 Answer | Asked in Employment Law for Colorado on
Q: if the employer email inbox is left accessible, can information be used that was viewed unknowingly?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 10, 2017

Try resubmitting with details of what occurred. This question is too vague to provide an answer.

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
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?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 1, 2017

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 »

1 Answer | Asked in Employment Law and Contracts for Colorado on
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.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 25, 2017

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.

1 Answer | Asked in Employment Law for Colorado on
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 »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 10, 2017

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.

1 Answer | Asked in Employment Law and Sexual Harassment for Colorado on
Q: is it 3rd party harassment if my married boss spends more time flirting and sitting with other women outside our store?

Basically my manager is on the clock while he sits outside the store on a swing chair with multiple women. He is a married man and I just find this behavior very creepy and uncomfortable. He spends more time outside the store flirting with these women than actually working.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 9, 2017

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),... Read more »

1 Answer | Asked in Employment Law and Contracts for Colorado on
Q: Can I require medical documentation for missed work from an independent contractor?

A contractor has missed two days of services this week due to claimed medical issues. This would breach the contract, however, I haven't decided whether to terminate the contract.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 6, 2017

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...
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