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Colorado Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law for Colorado on
Q: If you work 45 one week and 37 the next week is it legal to be paid 80 hours regular pay and 2 hours of overtime?
Rhiannon Herbert
Rhiannon Herbert answered on Jul 15, 2020

Under the Fair Labor Standards Act, hourly-paid employees must be paid overtime at a rate of one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. A "workweek" is a 7-day period (it can begin/end on any day of the week but spans 7 days regardless).... Read more »

1 Answer | Asked in Employment Law and Construction Law for Colorado on
Q: I recently received a court order to my home address of a company I managed in 2018, and was closed in august 2019.

The order was received at my home address, and stated on the order that it is the companies active office. When the company has been closed since august. I was just a manager and I’m getting the blame cause I was the point of contact. There was draining damage when we did pier drilling, and I was... Read more »

Donald C Eby
Donald C Eby answered on Jul 3, 2020

There is no way to give you good advise here. An attorney will need to see the documents you were served with to provide you with an assessment of your rights, remedies, and risks. And this could be serious, so you'll want to properly respond to avoid taking o liability. You should contact... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: I have been out of work because I lost my voice due to a mass on my throat

Offline having doctors send in documentation required by employer. I went through surgery on June 2nd got my voice back about a week later but days before I was sent a termination letter for attendance. Is it legal.

Rhiannon Herbert
Rhiannon Herbert answered on Jul 1, 2020

The answer to this question will depend on what your company's attendance policy is and what kind of documentation your doctors sent over. It will also depend on what your job duties were and for how long you needed to be out of work. You may potentially have a claim for disability... Read more »

1 Answer | Asked in Civil Litigation, Employment Law and White Collar Crime for Colorado on
Q: What should be my steps to address a manager (family member) who there is evidence of embezzling, money laundering, the

The illegal activities have been going on for four+ years. Additional problems include missing records and failure to return key business information such as passwords and financial information. IRS, state/local sales tax and lodging taxes have gone unpaid. What are steps (and with whom) regarding... Read more »

Donald C Eby
Donald C Eby answered on Jun 17, 2020

If you want to get your money back, I recommend that you contact a local attorney to review your facts and damages. Then you can have a detailed discussion about your rights, remedies, risks, strengths and weaknesses of your case, the law, timeline, etc.

Q: An interviewer of a fortune 500 company told me i couldnt do the job because of my disability
Carrie Dyer
Carrie Dyer answered on Jun 10, 2020

Your question does not provide enough detail to analyze whether this would violate the law. If you are an otherwise qualified individual who was not offered the position because of your disability, then you may have a claim under the Americans with Disabilities Act. However, you would not be... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Is it wrongful termination if my husband had doctor excuses?

My husband was fired after being absent with doctor notes due to medical issues potentially caused by his job.

Carrie Dyer
Carrie Dyer answered on May 27, 2020

It depends on the size of your husband's employer and the protections that may be available to him under the law. Do you know if your husband was eligible for protected leave under the Family Medical Leave Act? If not, he may have been entitled to a reasonable accommodation under the... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can the owner of the resort I work at make me do work for the private residences on property?

I work in maintenance at a resort that has private residences on property. The owner of the resort is asking our crew to do work at those residences while on the clock.

Kyle Anderson
Kyle Anderson answered on May 20, 2020

I'm not quite sure I see how you are damaged or harmed by this. Your employer can direct you to perform any type of work as long as you are being paid in compliance with minimum wage and overtime laws. If you are not being compensated for this work you are performing, that would be a different... Read more »

Q: If I was hurt at work by another employee do I still qualify for no fault work coverage for my medical bills?
Tim Akpinar
Tim Akpinar answered on May 18, 2020

It could depend on the circumstances. If you consulted with a workers' comp attorney, they would be in the best position to evaluate your situation. There are certain types of injuries not covered, and a WC attorney would have better insight into this than personal injury attorneys. It's... Read more »

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

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1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: Can my job ask and share health questions and personal identifying information?

My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: I was terminated after voicing my concerns over COVID-19 & working from home. Is that okay?

ANSWERED.

Joel Perry Glaser
Joel Perry Glaser answered on Apr 9, 2020

This potentially is retaliation under your state's whistleblower statute. I recommend you contact an employment attorney.

2 Answers | Asked in Employment Law and Family Law for Colorado on
Q: I can't seem to find anything on common law marriage in Colorado other than age restrictions.

I am looking for something that explains if its legally binding

John Hyland Barrett III
John Hyland Barrett III answered on Mar 20, 2020

Colorado recognizes CLM. It is equally valid as a ceremonial marriage. It requires that both of you intend to be married and that you live together. This is usually indicated by holding yourselves out to the community as a married couple. Also, you need to be legally able to be married-e.g: not... Read more »

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to

other employees. We were told he only recorded us to listen in sales meeting to our conversations with clients & prospects. I am in shock & humiliated & frustrated. I need to know my rights in Colorado on gender discrimination in the workplace & wire tapping laws.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 11, 2020

You may have a retaliation claim based on your complaint of sex discrimination under Title VII of the Civil Rights Act of 1964. In order to establish this claim, you'll need to prove (1) you complained of sex discrimination, (2) your employer took an adverse action against you, and (3) there... Read more »

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1 Answer | Asked in Employment Law for Colorado on
Q: Hi There i was fired a week ago on saterday with out warning is this legal then was told 3 diffrent reasons i had no war
Rhiannon Herbert
Rhiannon Herbert answered on Feb 5, 2020

Colorado is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time, for any reason or no reason at all (as long as the reason isn't discriminatory). Unfortunately, this means that your employer does not need to give you any... Read more »

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