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Denver Employment Law Blog

Can caring for a sick child get you fired?

These days, economic realities demand that most parents work out of the home in addition to caring for their families. For many parents, balancing work and family responsibilities is a constant struggle – nearly half of American parents worry about losing their jobs because of family obligations, according to the Bright Horizons Modern Family Index.

No one understands this struggle more than parents whose children experience serious injuries or illnesses. Often, these children require a level of care that gets in the way of a full-time job. The good news: There are legal protections for caretakers who have to take time off work. The bad news: Some employers abuse federal employment laws and try to retaliate.

Understanding employment contracts before signing

Starting a new job can be exciting and intense all at the same time. Once a job has been secured, new employees are usually provided with multiple forms to review and sign. In the mix of these documents, employers may sometimes include employment contracts. Before sealing the deal, it is important for Colorado employees to read through and understand any contract before signing.

An employment contract is a written agreement between an employer and employee that sets terms and conditions of an employment relationship. It is important to understand that not all contracts are the same and usually vary depending on the job title and level of leadership. In general, most employment contracts will include a job overview along with compensation and benefits. Some additional perks may be a company car and gas mileage or moving and transition expenses.

When should employers use an employment contract?

There are many things to go over when you hire a new employee: Just a few examples include terms of employment, job duties and salary. Some employers are fine with using an implied contract when hiring employees. In an implied contract, the terms of labor generally fall under state and federal law. However, many employers prefer to use a legally sound employment contract.

Unlike an implied contract, an employment contract is a signed document between an employer and employee that clearly defines the rights and responsibilities of both parties. If the signatories should have a conflict, the contract can frequently be used to resolve the issue. So, when should employers consider using employment contracts? We will go over three scenarios in which these contracts may come in handy.

Delivery drivers claim car costs slice their pay

Every driver knows that owning a car comes at a price. Not only are you paying for the car itself, but you’re also paying to keep it in good condition and insured. And when it comes to people who drive for a living, the price of owning and maintaining a car seems to triple. So who should pick up the bill for keeping the car on the road – the employer or the employee?

 

How to determine if it's a wrongful termination

One of the most stressful situations in life can be losing a job, especially when the reason may be unknown or unlawful. Although most terminations are legal, there are instances where employers have illegally fired an employee. Whatever the case may be, if a Colorado employee feels that he or she has fallen victim to a wrongful termination, it is wise to review the state's employment laws before proceeding with any legal action.

Landing a job can be extremely hard, but losing that job unexpectedly is even harder, especially when the termination is unlawful. Employees may find themselves wondering what they did wrong or even if they said something wrong. Knowing what justifies as being unfair or illegal may help an employee determine if he or she can successfully sue an ex-employer.

Workplace discrimination has many forms

Inside the walls of many American businesses, both small and large, discrimination is a significant concern for many employees and job applicants. These unlawful actions can occur in many different ways but often go unnoticed or ignored. In Colorado and elsewhere, workplace discrimination comes in many different variations, though those affected have the right to report inappropriate actions and seek legal recourse when the discriminatory conduct is not properly addressed by an employer.

Employees and job applicants cannot be discriminated against based on their age, gender, race, ethnicity, skin color, national origin, disabilities, genetic information, relationship to another person or pregnancy. These types of discrimination can also occur in multiple situations. Some examples are preferred applicants in a job advertisement, excluding job applicants during recruitment or denying compensation to a protected class.

Unpaid wage claims being settled

Workers who feel trapped in a job may be slow to make a claim for wages they believe they are owed. If you are in that situation, you need to know that Colorado law protects you and makes it much easier for you to file a claim for wages you may be entitled to for any reason.

There have been many filings for unpaid wages and the cases are being resolved. If you have any questions, it is a good idea to seek out an attorney experienced in making these claims to fight for your hard earned wages.

Man experiences wrongful termination for using FMLA leave

Employees in Colorado and all across the United States are protected from unfair acts in the workplace by state and federal laws. One of the most important of these laws is the federal Family and Medical Leave Act (FMLA). FMLA provides qualified employees up to 12 weeks of unpaid, job-protected leave per year. Although full-time employees are legally entitled to medical leave, some employers may choose to retaliate and punish employees for using FMLA leave. This is allegedly what happened to an employee in another state, and he has filed a wrongful termination lawsuit.

The plaintiff worked as an HVAC technician for a business in another state. According to the lawsuit, the plaintiff had to undergo a heart procedure that would require extended medical leave. Allegedly, the plaintiff's doctor contacted his employer about health insurance to cover the procedure, and the employer approved the coverage.

Age-targeted ads might have been form of workplace discrimination

The advertising of job openings has shifted dramatically over recent years. Whereas in the past virtually anyone in Colorado could open up a newspaper or search a website for potential positions, many openings are now strictly advertised through targeted advertisements. However, there are some who believe that these advertisements are a distinct type of workplace discrimination.

A class-action lawsuit alleges that Facebook, Google and LinkedIn have all run job opening advertisements for other companies that were specifically targeted for younger age groups. Rather than designing the ads in such a way that might have appealed to site users under the age of 40, they were explicitly only shown to younger users. This essentially created an environment in which applicants younger than 40 were hired.

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