The Litigation Boutique LLC

Denver Employment Law Blog

Wrongful termination case in another state settled

In another state, a former teacher filed several legal claims against the school at which he once worked after he was fired from his job. The claims submitted to court included wrongful termination, retaliation and disability discrimination. For teachers in Colorado who have found themselves in situations similar to this gentleman's, this story makes an interesting read.

In 2014, the plaintiff had just renewed his teaching contract, extending his time at the school for another three years. Months after signing his contract, he went on medical leave. While away from work, he was allegedly asked to resign. When he refused, he says that the school fired him -- which he did not find out about until he called months later to get his schedule for the coming school year.

Proving age discrimination occurred

People get fired from their jobs, refused promotions or refused employment for a number of reasons. In many cases, employers have legitimate reasons for making such decisions; unfortunately, there are those employers who do not. Age discrimination is a big problem right now in Colorado and elsewhere. Proving one is a victim of this type of discrimination is not an easy feat, however. How can a person prove that he or she was fired, refused a promotion or even refused employment based on his or her age?

There are several ways in which one may be able to prove that he or she is the victim of age discrimination. One way is by providing direct evidence, such as comments about one's age. If any comments are made, the offended party should write them down, note who said them and also document names of any witnesses.

Race discrimination case in another state settled

A construction company in another state has had some pretty bad press recently after two former employees filed discrimination lawsuits. According to reports, this case has recently come to a close, as the business has decided to settle the case rather than fight things out in court. Sadly, race discrimination can happen anywhere. Colorado residents who find themselves in positions like these two gentleman may also pursue their legal options in order to seek compensation for their losses.

The plaintiffs in this particular case used to work for JL Schwieters Construction. During their time on the job, from September 2012 through December 2013, they were allegedly harassed by a supervisor on numerous occasions. The plaintiffs claim that this individual made a noose and threatened to hang them. They also say that this individual called them derogatory names.

What is the state's current minimum wage law?

Numerous people across the country work for employers who start their salaries at minimum wage. Every state has different laws when it comes to how much minimum wage is. What does Colorado's current minimum wage law say? According to the the state's Department of Labor and Employment, as of Jan. 1, 2017, minimum wage was increased to $9.30 per hour. This is a .99 cent increase from the previous year. It may not seem like much, but this can make a big difference over time.

Employees who make money from tips do not have to be paid the full $9.30 an hour, however. The state has also set a minimum wage for tipped employees. This is $6.28 per hour.

Do all wrongful termination cases go to court?

Losing a job can be a difficult thing to get through, as it leaves one concerned about the future. Things can be made even worse if an individual believes that the circumstances surrounding his or her firing were questionable. If a person has reason to suspect that he or she is the victim of wrongful termination, according to the laws of Colorado he or she may have legal recourse.

Wrongful termination cases are rarely straightforward. Employers do everything possible to ensure that their companies are protected from such allegations. If a person is successful in proving his or her claims, though, he or she may be able to receive back pay, have his or her position restored and receive various other damages allowed under the law.

Gender at the heart of an employment discrimination case

In another state, a woman recently filed a lawsuit against her former bosses. She is claiming employment discrimination based on her gender. She also says she is the victim of retaliation. Sadly, her story is one that some in Colorado may find similar to their own situations.

According to a recent news report, a woman who was the director of economic development for her location's Regional Chamber filed claims against her boss and the Chamber CEO after she was allegedly refused promotions and, ultimately, let go from her position. She began working for the Chamber in April 2016. Between then and Jan. 2017 she is said to have applied for promotions three times and was denied each time. The reasons she was allegedly told included that she did not "know her place" and that she had children in school and other family concerns that would interfere with her duties. The promotion was eventually given to a male with similar familial circumstances.

Is there any way to avoid partner-related employment disputes?

Colorado business owners who are considering taking on partners have a lot of things to consider before taking such a big step. After all, partner-related employment disputes are known to arise. Do the benefits of taking on a partner outweigh the potential cons of having to deal with any legal issues that may occur.

Clearly this is a personal decision. However, before just saying "no, it is not worth the hassle," know that there are some steps that can be taken to avoid partnership disputes. What are they, and are they really all that effective?

Severance agreements of public officials are public knowledge

Those in Colorado and elsewhere who hold public positions find that little about their jobs is private. This includes their severance agreements when they leave their jobs. This, of course, opens them up to great public scrutiny. At the end of the day, however, what they are ultimately awarded comes down to a number of factors and a great deal of negotiations -- not really public opinion.

The topic of public official severance agreements has been in the news quite a bit as of late after a police chief in another state stepped down following the tragic shooting of a woman who called law enforcement for help. According to reports, Police Chief Harteau had a salary of approximately $170,000 a year. By the terms set forth in her employment contract, she is entitled to three months' pay and compensation for any accrued sick leave and vacation time.

UPS settles disability discrimination lawsuit

Most places of employment in Colorado offer employees a limited amount of absence from work to heal from workplace injuries, sickness or other personal reasons. If someone wishes to return to work but has limited physical abilities, the American with Disabilities Act requires employers to make reasonable accommodations to transition the employee back on the job. Ninety employees of UPS did not believe their company made strong enough efforts to accommodate disabled employees and filed a disability discrimination lawsuit. UPS recently settled the lawsuit for $2 million.

The lawsuit began after a veteran employee felt she was fired due to her disability. She worked for UPS in an administrative role for 17 years, and she suffered from multiple sclerosis. Due to her illness, she took the allowed 12-month leave to heal and recover. At the end of her 12 month leave, she requested accommodations to return to work, including a piece of equipment to aid in walking. The woman claimed that her walking aid was denied as well as any other additional amount of leave.

Cop believes disability may reason for his wrongful termination

Colorado employees who work 18 years for an employer might believe they have job security. Employees might also believe that returning to work after a serious injury acquired on the job would indicate dedication of the employee to an employer. One former police officer in another state claims neither is the case for him, and he has filed a wrongful termination lawsuit against his employer.

The ordeal began for the police officer when he suffered serious injuries while on the job. He was on his motorcycle escorting a funeral procession when he was struck from behind. He was thrown from his motorcycle and crashed into the vehicle's windshield. He experienced a long recovery and one hand remained paralyzed. Despite the permanent injury, his physician approved his return to work.

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