The Litigation Boutique LLC

Denver Employment Law Blog

Man sues employer, claiming his job status was misclassified

In Colorado and elsewhere, how one's job status is classified can make a big impact on one's pay and ability to receive benefits. Recently, a man in another state has filed a class action lawsuit against his employer, United Van Lines, claiming that his employment status was misclassified. By having him listed as an independent contractor instead of a full-time employee, his income allegedly suffered and he had to cover many job-related expenses out of pocket.

According to the plaintiff's complaint, he has worked for United Van Lines for over a decade. During all that time, he claims that his pay was determined by how much the company received per line haul. In many cases, due to the number of hours worked per day, which was many times up to 16 hours, his pay came out to less than minimum wage. This individual also claims that he was held financially responsible for making sure the truck was in good repair, had to pay for his own fuel, was required to make truck lease payments and cover various other expenses.

When is a termination a wrongful termination?

Firing employees is one of the downsides of being an employer; however, when a situation calls for it, it has to be done. For an employee, being fired can come as a devastating blow, especially if the reason behind it just does not seem above board. Those in Colorado who have lost their jobs have every right to question if they are victims of wrongful termination.

Employers have the right to make calls that they think are in the best interests of their company. However, they have to tread lightly when it comes to firing employees. There simply are certain reasons for which they are not permitted to release people from their positions.

Victims of national origin discrimination may have legal recourse

Many people leave their home countries to come to America for permanent or temporary job opportunities. They do this to better their personal and familial situations. Unfortunately, some who have made Colorado their home find that national origin discrimination is sometimes an issue. What can they do if it is and can they seek compensation for any losses they have experienced as a result?

There are actually strict laws in place that are meant to deter workplace discrimination such as this. It is unfortunate that many people still fall victim to it, however. When they do, according to the U.S. Equal Employment Opportunity Commission, they may have legal recourse.

When wrongful termination results from filing for worker's comp

A man in another state has filed legal actions against his former employer, claiming that he was released from his position after filing a workers' compensation claim. Whether one resides in Colorado or elsewhere, it is illegal for an employer to fire someone simply for filing a work comp claim. If this individual can prove his wrongful termination case in court, he could receive a monetary judgment in his favor.

On Oct. 26, 2016, a former technician/inspector for Falcon Crest Accessories, Inc. -- an aircraft components business -- tripped on a pipe while on the job and fell. He suffered injuries that required surgery, so he filed a workers' compensation claim. The plaintiff says that all the information necessary for the claim was submitted, and he kept his employer updated on his treatment and recovery. Less than four months after the accident, though, the man received a letter stating he had been terminated. He claims that no reason for his loss of employment was given.

Get help filing a wage and hour claim

There is a portion of Colorado residents who go to work just about every day, putting their time in and not getting fully compensated for it. What can someone in this position do? According to the Fair Labor Standards Act, one in such a position may file a wage and hour claim against his or her employer.

As it currently stands, the FLSA requires that employers meet minimum wage and overtime pay requirements. These requirements apply to hourly employees who work a minimum of 40 hours a week. According to the FLSA, employers are to pay minimum wage and time and a half for any overtime shifts.

Frontier Airlines facing employment discrimination lawsuit

Being a parent and managing a career is like a juggling act. It can be hard to find the right balance, but most do their best to make it work. Unfortunately, many parents in Colorado and elsewhere find that their employers treat them differently because of their family lives. This is a form of employment discrimination that should not be tolerated.

It was recently reported that two female flight attendants for Frontier Airlines filed legal claims against the company, claiming sex discrimination for its failure to offer sufficient maternity coverage, lack of private or reasonably located places for breastfeeding mothers to pump milk and refusal of lighter duty shifts for those needing them for pregnancy and postpartum physical limitations. These two women are not the first to file such claims against the company. In 2016, four female pilots also took similar actions against Frontier.

Colorado employment disputes: Business partner issues

Going into business with someone, or bringing a partner on after the fact can be a good thing for a company. Having a partner means having someone to share the load, physically, financially or both. What happens, though, when one's business partner is not living up to his or her end of the partnership agreement? Such employment disputes are common in Colorado and elsewhere.

Having a nonperforming partner can put a real strain on a business and the partner relationship. How such as issue can be handled, though, will ultimately depend on how one's company is structured. Larger corporations can use the majority rule. This is where a principal can, essentially, be voted out by stock holders. This is not how it works for limited liability companies or those who are in split ownership agreements.

Colorado employment disputes: FMLA denial

Certain employers in Colorado and elsewhere are required by law to allow employees to take leaves of absence to tend to various family matters. The Family and Medical Leave Act was passed just for this reason. What happens, though, if one's FMLA request is wrongfully denied by one's employer? Those who are victims of employment disputes of this nature may have legal recourse.

Who is covered under the FMLA? Federal, state and local employees are covered, as are those who work in private sector positions -- if their companies employ 50 or more people and they work for at least 20 weeks in a calendar year. To be eligible for the FMLA benefit, one must work for a covered employer for at least 12 months before applying for leave. There must also be a valid reason to request the leave.

Colorado employment contract: Non-compete agreements

Finding a job that one will love, that has good pay and benefits and is everything that one could hope for is not necessarily easy. When such an opportunity comes available and a noncompete agreement is required as part of the employment contract, it may give one reason to pause and re-evaluate the situation. This week's column will address some things those residing in Colorado and elsewhere should know about noncompete agreements before they sign.

Noncompete agreements certainly have their place. They help protect a business's trade secrets and prevent former employees from becoming direct competitors. However, not all noncompete agreements are created equal. Some go beyond what is necessary or legally allowed.

Former banker for Wells Fargo claims to be victim of retaliation

Individuals employed at companies in Colorado or elsewhere lose their jobs everyday. Generally there are valid reasons for it, such as poor employee performance or company downsizing. There are those who may feel that their terminations were unwarranted, however. Such is the case for a woman in another state who claims to be a victim of retaliation for failing to participate in unethical banking practices for Wells Fargo.

Wells Fargo is no stranger to legal actions. It has dealt with a few over the last little while. In this most recent complaint against the company, a former branch assistant vice president claims that she was fired for refusing to take part in what see called unethical banking practices. She filed her lawsuit against Wells Fargo and three of her former supervisors on April 5. She is hoping to achieve reinstatement to her former position and compensation for her losses.

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