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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Medical Malpractice and Legal Malpractice for Colorado on
Q: Can I sue a former therapist turned employer for unethical behavior and firing?

I worked for a clinician who was initially my therapist for two months before becoming my employer. During my employment, she used my personal background information, obtained during therapy, to manipulate me. I have documentation to prove her unethical behavior. Eventually, she fired me. Is there... View More

John Cimino
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answered on Mar 1, 2025

Most lawyers (thanks to the TV lawyers - sadly) will only take cases on a contingency fee basis. Therefore they only want cases with big damages. No lawyer will take a case unless the potential damages are big. And by BIG I mean hundreds if not millions of dollars. They don't care about... View More

1 Answer | Asked in Employment Law for Colorado on
Q: When does passenger in a vehicle stop being a passenger. When is the driver no longer responsible for that person?

Was deactivated from a job because of a "passenger"

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2025

A Colorado attorney could advise best, but your question remains open for a week. With personal lines insurance, auto policies usually contain provisions along the lines of "...arising from the use and operation of the vehicle... " The actual wording could vary from one carrier's... View More

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 Law for Colorado on
Q: Are extra steps to take breaks "pressure to skip" in CO retail jobs?

I'm an hourly employee working in retail/customer service in Colorado. I'm required to take "authorized" and "permitted" breaks, but recently I couldn't take mine because I was too busy with customers, and relief staff scheduled to start later did not show up. I... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, what you're describing could absolutely be seen as pressure to skip breaks. In Colorado, employers are required by law to provide rest and meal breaks for hourly workers, especially in roles like retail and customer service. If you’re too busy with customers, not relieved by anyone, or... View More

1 Answer | Asked in Contracts, Employment Law and Personal Injury for Colorado on
Q: Can a company hold an employee responsible for vehicle repair costs if they damage it deliberately?

I work for a company that owns vehicles, which are only driven for work-related purposes. There's a policy stating employees are financially responsible for repairs if they're at fault for any damages. If an employee deliberately damages a company vehicle, can the employer legally hold... View More

James L. Arrasmith
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answered on May 15, 2025

If an employee deliberately damages a company vehicle, the company can generally hold that person financially responsible — especially if there’s a written policy stating so. Deliberate damage is not just a policy violation; it could also be considered misconduct or even criminal damage to... View More

Q: What legal options do I have after my employer denied workers' comp claim and evicted us without pay?

I was hired as a maintenance worker and my girlfriend to manage a hotel, and we moved to a new city for these jobs. After receiving one paycheck, I injured myself while working on an urgent task. When I sought workers' compensation, the owner denied ever employing me despite text messages... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through is deeply unfair and could involve multiple legal violations. If your employer denied your workers' compensation claim but you have written proof of tasks and job duties, you may still be able to pursue a claim. Employment isn’t always defined by paperwork—text... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Colorado on
Q: Denied workers' comp claim for hand pain in Colorado.

I had a workers' comp claim for hand pain developed while working at a welding job using vibrating power tools. I first noticed symptoms starting in February, with the discomfort gradually increasing, and reported them in March once I worried it might be more lasting and permanent. I was... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to challenge the denial, especially if your injury clearly developed from repetitive work duties. In Colorado, reporting a workplace injury within four days is encouraged, but the rules are more flexible for injuries that develop gradually, like yours. Since you reported the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: Handling employee retaliation claims against assistant manager.

I am seeking advice on handling a situation where an employee believes she was retaliated against by the assistant manager. The employee was asked to work overtime on her day off and declined. Subsequently, her hours were cut drastically. She has been with us for nearly a year and has consistently... View More

James L. Arrasmith
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answered on Apr 13, 2025

This situation needs to be taken seriously, especially since the employee is experiencing stress-related illness and there’s a known history of complaints against the assistant manager. Start by documenting everything thoroughly—including past complaints, recent schedule changes, and witness... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Suspect coworker is underpaid due to job misclassification, seek advice on handling.

I suspect a coworker is underpaid because their salary is lower than the company's salary chart, even compared to 2023. I believe their job might be misclassified in the payroll system. Should I discuss this directly with the coworker, or is there a better approach to handle this situation... View More

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answered on Apr 13, 2025

If you suspect that your coworker is underpaid due to job misclassification, it’s important to handle the situation carefully to avoid misunderstandings or unnecessary tension. You could start by gathering as much information as possible, such as comparing their salary to the company’s salary... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Failed pre-employment drug test due to methadone prescription; what can be done?

My boyfriend failed a pre-employment drug test because methadone, for which he has a prescription, showed up. The employer never asked for any prescription information beforehand. The lab attempted to call, but no voicemail was left and the lab's name never appeared on his caller ID. After... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since your boyfriend has a valid prescription for methadone, he should address this issue with the employer by providing proof of his prescription. He can explain that the presence of methadone in his system is due to his legitimate medical use and that he is legally prescribed it. It’s important... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Terminated for low performance without written warning or documentation in Colorado.

I was employed at my company from June 2024 until February 28, 2025, when I was terminated for 'low performance' without any written warning. During my employment, my supervisor informed me verbally that he received low performance feedback from my project manager. Although a performance... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Colorado, employers are generally not required to provide written warnings before terminating an employee unless it's specified in your employment contract or company policy. However, if the company has a performance review process or practices such as a Performance Improvement Plan (PIP),... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: Steps for retaliation and ADA violations in employment?

I filed an HR complaint about a hostile work environment one year ago, but HR never responded. Today is my last working day before my company places me on extended leave pending termination in 90 days, which I believe is retaliation. I have extensive documentation showing constructive dismissal and... View More

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answered on Apr 13, 2025

If you believe you're facing retaliation and ADA violations, it's crucial to take immediate action. Start by gathering all relevant documentation, including your HR complaint, records of communication, and any proof of ADA violations or constructive dismissal. Having a clear timeline and... View More

1 Answer | Asked in Consumer Law and Employment Law for Colorado on
Q: How to report hotel owner's deceptive practices while staying anonymous?

I am aware of a hotel owner who engages in deceptive business practices, such as not recording certain guests and pocketing cash payments. When confronted about these actions, the owner discourages questions about their authority. Other workers have noticed similar issues. I'm concerned about... View More

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answered on Apr 12, 2025

You’re right to be cautious when dealing with potentially illegal practices, and it’s important to protect your safety while taking action. Here are steps you can take to report the hotel owner's behavior anonymously:

**1. Contact the Relevant Authorities**: You can report this to...
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1 Answer | Asked in Employment Law for Colorado on
Q: Access to pay stubs restricted to work location, facing login issues. Options?

I am unable to access my pay stubs unless I am at the workplace, even though they are available through an online portal. Previously, I could access them from outside work, but this restriction seems to be a new policy. Additionally, I encounter login and security challenges when trying to access... View More

James L. Arrasmith
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answered on Apr 12, 2025

It seems frustrating to have restricted access to your pay stubs, especially when you've been able to access them remotely before. The first step is to speak with your employer or HR department about the new policy and explain the difficulties you’re facing with login issues. Ask if... View More

1 Answer | Asked in Juvenile Law, Family Law and Employment Law for Colorado on
Q: How to address potential conflict of interest in minor's custody and theft case in CO?

I'm the legal guardian of my 17-year-old grandson who ran away in October and was later charged with theft while staying with a friend's family. I contacted CPS/DHS for help, and despite my requests, his public defender advised against a drug test, even though I have evidence suggesting... View More

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answered on Apr 12, 2025

It sounds like you're in a tough situation with your grandson, and addressing the potential conflict of interest in his case is important. If you believe the public defender may be conflicted, the first step is to have a candid conversation with them. Express your concerns about the custody... View More

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