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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Colorado on
Q: I disagreed with bullying and discrimination my boss was showing to another employee and was fired. Can I sue?

An employee I supported was subjected to unlawful bullying and discrimination because she is Christian. I refused to participate in this behavior and verbally disagreed. I was issued a final written action notice and then terminated for no factual reason.

T. Augustus Claus
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answered on Jul 26, 2023

If you believe you were terminated in retaliation for speaking out against bullying and discrimination, you may have grounds for a wrongful termination claim. It's essential to consult with an employment attorney to evaluate the specific details of your case and determine if you have a valid claim.

1 Answer | Asked in Employment Law for Colorado on
Q: Can an employer reduce a payments during the duration of contract as an independnt contractor?
John Michael Frick
John Michael Frick
answered on Jul 26, 2023

You are confounding terms. An employer employs an employee. There are various laws and regulations that pertain to that relationship. A hirer hires an independent contractor. Different laws and regulations pertain to that relationship.

If you are an independent contractor, the terms of...
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1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: Was diagnosed with cancer & my employer has had me call out since they were informed and now removed me fr schedule?

This is happening to my brother who has cancer and he has been denied going to work since informing his work. What are his rights and next steps?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and... View More

1 Answer | Asked in Tax Law and Employment Law for Colorado on
Q: I think my boss didn’t withheldtax for me.. so I owed so much money end of year.for 3 years..what should I do ?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Both Federal and State laws require employers to withhold taxes, including both your income withholding and the employee's portion of employment taxes (SS, UI, etc) and pay those taxes to the proper taxing agency, whether Federal or State. You need to discuss your situation with either an... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Hi I took a urinalysis test for the company I work for to gain access to the refinery in our town for a contract we acqu

And I feel the collection process was that incorrectly we were the first into the office that morning and I was the first person to give a sample and there were probably eight people that went after me after I was done with my sample I left to smoke a cigarette and was outside across the street... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2023

A Colorado attorney could advise best, but your question remains open for four weeks. Based on the details, it isn't clear what the consequences of the urine sample mix-up were. If it is something involving termination or suspension, then it's something that an employment attorney is... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Were i work has a back page on there menu that says they add on a extra 3% to your ticket to give the cooks as a bonus.t

The restaraunt keeps all the money and cooks see nothing...is that legal

Michael Joseph Larranaga
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answered on Apr 21, 2023

I don't how this would play from an employment law aspect but I smell a potential tort lawsuit for the consumers if that is indeed true.

1 Answer | Asked in Car Accidents, Personal Injury and Employment Law for Colorado on
Q: If a new job is delayed due to an accident can I receive lost wages?

I was in a car accident just before I was scheduled to start a new job. The insurance adjuster for the at-fault party is saying they do not owe lost wages due to it not resulting in job loss. Is this accurate?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 3, 2023

It depends. Yes, those are often recoverable damages. The goal of personal injury law is to make the injured party "whole." In many if not most situations, that includes lost wages. But the particular facts of each case or claim require attention. You may want to call an attorney to... View More

1 Answer | Asked in Employment Law for Colorado on
Q: If I started work on mach 2 and the say I don't get my first check till the 30th of March and we get paid on the 15th&30

Is that legal?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 15, 2023

When does the March 15th payroll close?

If is closes on the last or first of the month you wouldn't have any earnings in the payroll period.

If it ends later, say the 10th, then you sold have a check on the 15th.

That should be covered in your employee manual....
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1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My employer has been making me work full time + weekend; but paying me 1099. Is this legal?

I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 15, 2023

If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... View More

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Colorado on
Q: I'm a f1 student in the United States can I open an LLC to start getting commission from window sales as a door knocker?

I won't be in their payroll

James L. Arrasmith
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answered on Feb 19, 2023

Under the F1 visa, students are permitted to work in the United States, subject to specific conditions and guidelines outlined by the United States Citizenship and Immigration Service (USCIS). In order to maintain their status, F1 students must adhere to the terms and limitations of their visa.... View More

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: What type of law practice should I look for that would handle wrongful termination in retaliation to whistleblower.

My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.

1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: As an ind. contractor, do I cover the insurance for driving reps of a co I'm working for in a rental car or do they?

I am an independent contractor in marketing and being asked by a company I work for to drive their representatives around in a rental car at a trade expo in Las Vegas that we will all be attending. They are reimbursing me for the car rental, but said since I am an independent contractor, I would... View More

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2022

A Texas or Colorado attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific elements of law that might apply, independent contractors can usually set conditions as agreed, depending on the company.... View More

1 Answer | Asked in Employment Law for Colorado on
Q: I am a live in caregiver paid hourly hired by an agency that did not receive overtime pay. Am I owed back pay?

I was told I was legally exempt from overtime pay in Colorado. I am an hourly employee that was employed by a small agency.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 26, 2022

Some direct support workers who provide in-home services to clients are “exempt” from the FLSA’s minimum wage and overtime laws, meaning their employer need not adhere to the FLSA’s minimum wage and overtime laws. This is called the “companionship exemption,” and it applies to workers... View More

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: I basically need to know what you can and cannot require of your independent contractors.

Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Oct 23, 2022

Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.

In general, the IRS publishes a few resources to help businesses classify...
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1 Answer | Asked in Employment Law and Landlord - Tenant for Colorado on
Q: Received a notice to vacate in 21 days, I have worked were I live for 5 years and not paid. Is this legal

I worked for owner and lived at motel he owns for five years we were to re t rooms, and keep property cleaned and mowed. He did not pay us and now wants to terminate our employment. He has not paid sales tax last document says 2013, he has repeatedly had power shut off closed accounts we used for... View More

Michael Joseph Larranaga
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answered on Aug 26, 2022

It may be illegal. I would recommend you contact an attorney.

In Colorado, we have the unlawful eviction statute. In certain cases, if the landlord is intentionally shutting off the power to the residence it may constitute an unlawful eviction. This is a very fact-intensive analysis. The...
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1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
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answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I'm curious what I would need to do, legally, to be able to have a vendor booth at biker rallies in different state

I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 10, 2022

Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Can my employer require walking time from my workstation to the rest area of choice be included in my 15 minute break?

I'm a smoker and I work for that one mega chain grocery/department store that everyone knows, our management recently "reminded" us (without having told me in the first place) that our 15 minute breaks start when we leave our current "workstation" and end when we return to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 1, 2022

Federal law does not require employers to offer any break periods. As a result, if employers offer break time, they can generally offer this on their own terms. The one exception to this rule is that breaks of 20 minutes or less generally must be paid. As long as your 15-minute breaks are paid,... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Do I have to have a salaried manager on staff for a restaurant in Colorado? Or can all my employees be hourly?
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 1, 2022

All employees can be paid by the hour, but there are rules that must be followed for whether an employee can be paid on a salary basis. If you have a manager that's currently paid on a salary basis, they can be switched to hourly, provided that they are paid overtime for all hours worked in... View More

1 Answer | Asked in Employment Law for Colorado on
Q: If I was verball told that my contract was not being renewed but never given a written letter of non-renewal. Legal act?

I was a probationary teacher but never received a written non- renewal letter. Is there any legal action possible in this situation?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 29, 2021

This depends on the language in your old contract (the one that isn't being renewed). If your old contract states that you must be informed in writing and/or given prior notice of non-renewal, then you should discuss your situation with a Colorado employment attorney.

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