Dec 11, 2018 | Employee Rights
Age discrimination—two words nobody ever wants to hear. It’s one of the ugliest forms of discrimination, as well as one of the most widely practiced. For all the laws and the press and the talk about it, making assumptions about someone’s age still happens, particularly in the workplace.
Even with the Age Discrimination In Employment Act, the AARP estimates that 64% of workers admit that they have witnessed ageism in the workplace. With 1 in 5 workers over the age of 55, it’s not a stretch. Even job seekers over 35 see their age as an obstacle to finding a new job. Even in the current stronger economy, workers “over a certain age” are being left unemployed, all because of their age.
But proving age discrimination is an uphill climb. Most employers have not only been trained on how not to discriminate, but they’ve also found ways around the system to make sure they aren’t caught. It’s not usually the blatant comment that “you’re too old to do this job now.” Employers have become more subtle in age discrimination. So what can you do?
Proving Discrimination
The Supreme Court’s 5-4 ruling on Gross v. FBL Financial Services, Inc. in 2009 makes proving age discrimination much more difficult. This case increased the burden of proof that you will have to meet to prove that you’ve been subjected to age discrimination, and you must prove that age was the primary reason for a firing, layoff or demotion, and not combined with something else (such as a poor performance review.) Because of this increased difficulty, employers have become better at hiding it.
If you’ve heard comments about age, directed at you or others, keep a record of everything. But outright age discrimination isn’t always that obvious, and most employers know how to conceal it.
Like other types of discrimination, there are some signs to look for and document:
- You’ve been passed over for promotion repeatedly, despite the promotion of younger employees with less experience
- Younger workers are invited to training, meetings or other work-related activities that you (and other older workers) aren’t
- You’re frequently asked about when you plan to retire, especially by your boss or HR (document these kinds of comments with name, date, time and witnesses.) These kinds of comments may also constitute harassment and create a hostile work environment.
- After years of positive performance reviews, you are suddenly “written up” or given disciplinary documentation, when younger workers are not for the same “infractions”
- Your job responsibilities have dramatically changed so that you are unable to complete them (such as much higher and more difficult sales targets)
- You (and others like you) are being treated very differently than younger employees
- Promotions, transfers and new hires are increasingly younger and younger, while older workers are given different responsibilities or systematically laid off.
- Younger workers are being offered different types of benefits
There are some types of positions, such as airline pilots, where age is a factor, and you may not be able to file a complaint.
If you’ve been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC.) The agency notes a marked increase of ageism complaints since 1997, with more than 25,000 filed per year since 2008.
Voluntary and/or mandatory retirement
In some cases, this may also be a form of age discrimination, since it’s offered to older, tenured and thus more expensive workers. If the company is actively working to shed workers over 50 or so, be sure to review everything before you sign anything (or have your lawyer review them for you.) If you discover later that you were, in fact, discriminated against, you may have signed away the right to sue the company later in exchange for your retirement package.
Caveat
Filing a suit like this one can be draining, both emotionally and financially. It also brands you as a “high-risk applicant,” because any other employer may be afraid to hire for fear of litigation later. Whether you win or lose such a lawsuit, you may face increased difficulty in finding employment. So in addition to being over a certain age, suing a former employer may make you completely unemployable.
Age discrimination is against the law
There are strict laws in the US against all discrimination. If you believe you’ve been the target of age discrimination in Denver, call the Civil Rights Litigation Group at (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
Feb 21, 2018 | Discrimination, Employee Rights
What qualifies as discrimination?
Merriam-Webster’s Dictionary defines discrimination as,
- prejudiced or prejudicial outlook, action, or treatment, racial discrimination
- the act, practice, or an instance of discriminating categorically rather than individually
It can also mean the act of distinguishing or differentiating. But in the area of civil rights, discrimination isn’t always cut and dried.
At-will employment and discrimination
Colorado is one of the many states that have employment-at-will. This means that you or your employer can implement or terminate your employment at any time. Two weeks’ notice is a business practice, not the law, and you can be terminated on a moment’s notice, without notice. The company doesn’t need a reason, nor do they have to let you know in advance (although many companies do give advance notices of layoffs.)
You also don’t need a reason to quit, nor let your employer know in advance that you are terminating your employment. However, giving inadequate notice may affect your application for unemployment benefits. (Even if you are discharged for a different reason like medical conditions, harassment in the workplace, and hazardous working conditions, you can still apply for unemployment.)
Workplace discrimination
If you ask most people, they’ll probably tell you that discrimination doesn’t really exist anymore because of the legal protections in place. Unfortunately, that’s not actually true. Discrimination is a little harder to prove, but it does still exist in various forms.
The US has a number of laws against workplace discrimination:
Other forms of discrimination may be based on religion or sexual orientation, harassment, (sexual and non-sexual), and retaliation. Individuals in these groups are known as “protected classes,” and may be the focus of discrimination.
It may be unfair — but is it discrimination?
Discrimination can manifest in two ways:
- Direct—being treated less favorably than the person next to you
- Indirect—imposing a condition that you are unable to comply with
For instance: early retirement may be offered to employees who have been with the company for many years and eligible for retirement. But in many cases, mandatory retirement may amount to age discrimination.
Another instance is a company adding a requirement to a job function knowing that some individuals could not meet the requirement.
Determining discrimination
Here are some questions to consider whether you are being discriminated against:
- Are you, or others like you, being singled out?
- Are you a member of a protected class, but experiencing unfair treatment or termination/layoffs? (I.e., workers over 50 being laid off and replaced by much younger employees.)
- Are others in a protected class (LGBT, Latino women) being singled out as well?
- Is there a pattern of bias or discrimination against a particular class, such as minorities or women, consistently being passed over for promotions or job transfers?
- Are complaints of harassment or other adverse working conditions being ignored?
- Has your workload or work scheduled changed, but no one else’s has?
- Have you or others recently reported wrongdoing, but are now being retaliated against? (Fewer work hours, demotion, pay cut, etc.)
- Have you consistently done a good job, but are now receiving disciplinary notices?
These are just some of the ways you may be able to determine if there is discrimination and not a complete list of questions to ask.
Document all evidence
Most employers will deny any and all accusations of discrimination, even if it’s blatantly obvious. You’ll need some tools in your arsenal to fight back.
If you believe you’re being targeted for discrimination, your best defense is to document as much as you can. Direct evidence is best, but you may only have evidence that is circumstantial.
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Performance reviews — you probably won’t be told outright that you are being terminated for an illegal reason. Instead, the official reason may be poor performance, company policy violations, or something similar. If your company does regular performance reviews (some do yearly, some do quarterly, etc.) get and keep copies where they will always be available. Paper copies kept at home are good, but an electronic copy in your Drive, Dropbox or other cloud storage as a backup is even better.
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Your job description — do you have a copy? Get one, and keep it on file, both paper and electronic, along with your performance reviews. Should your company suddenly terminate you for “performance issues,” you’ll be able to show what you were doing, how it was satisfactory if you were passed over for promotion or terminated in favor of someone less qualified.
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Employment contract — if your company uses them, get a copy if you don’t have one. As your HR department.
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Keep any relevant communications — save memos, texts, emails, phone messages, or anything else that can show bias may be used against you.
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Timing of termination, demotion or other adverse event — if you informed your employer of your medical condition, (i.e., pregnancy) and were abruptly terminated shortly thereafter, this may prove discrimination.
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Medical records — if you have a disability and/or medical condition, these can be added into evidence to back up your claim that you may have been illegally terminated for medical reasons.
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Medical treatment — if you’ve sought out mental health assistance as a result of harassment or other adverse work conditions, your attorney will also need to be informed. You’ll be asked to provide contact information of doctors, counselors, etc.
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Termination documents — should your employer give you a suspicious reason for termination (i.e., chronic tardiness), request express written proof of their claim. If you had not committed this violation of company policy, you will have evidence that shows it was not the actual reason for your termination. Get copies of any documentation related to your termination.
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Testimonies — both your own personal testimony and that of witnesses can be very strong corroborating evidence to prove your case. This helps avoid the “he said, she said” type of case.
Whatever you have to give to your attorney will go a long way in helping him or her defend you in a discrimination complaint.
Workplace discrimination is against the law
There are strict laws in the U.S. against discrimination. If you believe you’ve been the target of workplace discrimination, call the Civil Rights Litigation Group in Denver at (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
May 2, 2017 | Employee Rights
Employment law is vast and always changing, and whether your employer pinched you in an inappropriate place or you just discovered that your boss has neglected paying you for overtime hours, it’s important to hire a local, Denver, Colorado employment lawyer who can represent your case and, using in-depth knowledge and in-court experience, fight for a beneficial and just resolution.
Whatever your employment-related legal case (more on this below), you should never make the mistake of hiring the attorney who helped a friend’s divorce, the attorney who closed your real estate purchase, or the prosecution attorney who knows a little about harassment in the workplace. Instead, make sure you get a lawyer who specializes in employment law and who can work the landscape to your advantage.
If you have an employment-related legal issue, get the leading attorney in the Denver area by calling the Civil Rights Litigation Group. You can reach us at (720) 515-6165 or filling in a form here.
What to expect when hiring an employment lawyer for your case
In civil cases in Colorado, there is this saying that, “The only person who wins in a civil case is the lawyer.” This saying refers to the often exhausting legal processes related to civil law as well as employment law. By filing a lawsuit or a complaint against your employer, you’ll be digging dirt up on them and the employer will be doing the same to you; sometimes, clients report that the stress of the legal processes disrupts their sleep and concentration.
Also, it’s important to remember that most employment law cases are not “open and closed.” Even if you believe you have an airtight case, your employer may surprise you with tons of evidence that could very well disrupt the chances of your lawsuit.
With these factors in mind, it’s always a good idea to take a deep breath and ask yourself, “Is it really worth it?” Filing a lawsuit might not be worth it, but then again, it could be. By speaking with an experienced employment lawyer, you can get a better idea of your case, the strength of your evidence, and other factors. By hiring an attorney, you not only receive expert guidance and counsel through the legal processes, but you always get a reality check at every stage of the process.
When should you call a Denver employment lawyer?
Whether you decide to call an employment lawyer is solely up to you, and yet, it can be difficult to know if your employment issue constitutes a violation of federal labor laws. For instance, were you denied that promotion because of a lack of experience or because you are part of a certain religion, sexual orientation, national origin, or another “group?”
At the Civil Rights Litigation Group in Denver CO, we handle any employment-related case related to federal laws. In general, this includes:
Knowing the difference between a discriminatory action and a violation of federal laws can be difficult; nevertheless, you may want to contact a Denver employment lawyer in the following situations:
- You were harassed, discriminated against, or retaliated against by your employer
- You were terminated or fired from employment and the termination was illegal
- You are being forced to sign an agreement that waives some rights you are entitled to
- Your employer has violated state or federal laws created to protect employees
- You employer has not given you benefits detailed in your employment contract
How to prepare a first meeting with your attorney
So, you believe that you have an employment law issue; the next step may be to contact a local employment lawyer who will help you decide if your case is worth pursuing. And once you have the consultation scheduled, it’s important to do a little preparation to make the most out of the meeting. This consultation is an opportunity to make sure your attorney has all the facts and other information. Some important tips to keep in mind when meeting your attorney include:
- Make sure to bring good, clean copies of any relevant documents
- Bring a fact chronology that outlines the factual timeline of the case
- Dress appropriately (remember, you want to try and convince the attorney that you’re serious about the case)
As always, make sure to set realistic expectations. Although you may be fired up about a work-related issue, the attorney may see something else in your case, such as a lack of evidence. In some situations, the attorney may turn down your case, and if this happens to you, remember that you need the right attorney, which doesn’t necessarily mean the first attorney who looks over your case.
Don’t hesitate and call the top Denver employment lawyer
There are many situations when you may need to call a Denver employment lawyer. With years of experience representing countless individuals who’ve had their rights violated, we at the Civil Rights Litigation can help you too. From carefully listening to your case to helping acquire the necessary evidence to pursue the defendant in Colorado federal courts, an experienced attorney will be one of the best tools you have for seeking justice and recovering damages. For a free, no-obligation consultation with our Denver law firm, call us today at (720) 515-6165.
Apr 12, 2017 | Employee Rights
Colorado follows an employment-at-will doctrine, meaning that both employers and employees aren’t required to give notice or advance notice of termination or resignation (unless there is a contract that says otherwise). In other words, you are free to leave your job whenever, for any reason, or even for no reason, with no legal consequence. At the same time, employers may also terminate your employment for any reason, or even for no reason, but keep in mind that private and public employers in Colorado cannot violate any wrongful termination statutes when firing you.
Wrongful termination is not a magic legal term that you can use when you were fired. In fact, wrongful termination lawsuits can be very complex, requiring evidence that proves the firing was wrongful. If you believe that your employer violated U.S. law when firing you, then it’s critical to call Denver wrongful termination lawyer Raymond Bryant of the Civil Rights Litigation Group. Consultations are always free, so call today at (720) 515-6165.
Wrongful termination federal laws
In order to better gauge whether or not you were the victim of wrongful termination, it’s best to first get the answer to, “What is wrongful termination?” First of all, wrongful termination is not “I’m angry about being fired.” Even though Colorado is employment-at-will, there are certain exceptions to this legal doctrine.
For instance, if your Colorado employer fires you for discriminatory reasons or in retaliation for exercising your rights, then you may have a case for wrongful termination. Additionally, you may have a case if there is an employment contract, either express or implied, that limits the employer’s right to terminate employment.
In terms of federal laws, one of the main provisions protecting employees is Title VII of the Civil Rights Act of 1964, which prohibits all forms of retaliation, including wrongful termination (42 U.S.C. § 2000e et seq.). The U.S. Equal Employment Opportunity Commission (EEOC) enforces wrongful termination claims for discriminatory reasons, retaliation, and for contract violations. With regards to Title VII, it’s important to note that it only applies to private employers with 15 or more employees, as well as federal and state employers.
At the state level, the Colorado Anti-Discrimination Act (Co. Rev. Stat. § 24-34-402) also prohibits all forms of retaliation, including wrongful termination, and this law applies to all employers, regardless of their number of employees.
Reasons for wrongful termination
There are many reasons for a wrongful termination lawsuit, but it’s important to note that virtually every wrongful termination lawsuit has three elements:
- The employee filing the lawsuit must have been employed by the employer
- The employer fired the employee
- The employee was fired for exercising a job-related right or privilege to which he or she was entitled
Some job-related rights or privileges are detailed below:
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Fired for discriminatory reasons — In Colorado, as well as elsewhere in the U.S., it is illegal for an employer to fire an employee based on his/her protected status, such as race, gender, national origin, sexual orientation, age, religion, disability, and pregnancy.
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Breach of Contract — If you have an employment contract (written, oral, or implied) promising job security, then you are not an employment-at-will employee. If the employer then fires you without good cause, then you may have a legal claim for breach of contract.
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Wage and Hour Issues — You have certain wage rights as an employee, and if you file a complaint with the state’s wage board, or something similar, then your employer cannot fire you as a retaliatory measure.
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Whistleblowing — If you witness your employer engaged in unlawful practices, and you speak out about it, then your employer cannot fire you as a retaliatory measure.
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Time Off Work — In Colorado, employers may not discipline or fire workers for exercising their rights for time off, such as military leave, jury duty, voting, FMLA, and other protected leave.
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Other Issues — Employers may not fire employees for filing workers’ compensation claims, reporting workplace safety violations, engaging in lawful activities while off-duty and off work premises, and for refusing to engage in illegal activity or for exercising important job-related rights.
Call wrongful termination lawyer Raymond Bryant
By filing a wrongful termination lawsuit, you are petitioning the courts to hold the responsible individual(s) accountable for these unlawful actions. However, in many cases, you may have to first report to the EEOC prior to bringing the action to court. As such, it’s essential to speak with a prominent Denver employee rights attorney who can assess the validity and strength of your claim, while providing expert counsel about the next steps to take. To speak with attorney Bryant regarding your wrongful termination claim, call the Civil Rights Litigation Group in Denver at (720) 515-6165.
Feb 22, 2017 | Employee Rights
When informing the authorities or others regarding your employer’s illicit or illegal activity, you have certain protections under Federal and Colorado state laws. At the Civil Rights Litigation Group, we understand that being a whistleblower is no easy task, and although you have rights that protect against retaliation, your employer may still try to retaliate against you.
Whether your issue involves a layoff, changes in work schedules, “blacklisting,” cuts in hours, and more, you can call Denver CO civil rights and whistleblower attorney Raymond K. Bryant today. We offer free consultations, and, if we decide to take your case, we’ll employ a vast network of resources, diligent investigation, and vigorous representation to make sure that your rights are protected.
In the meantime, you can learn more about whether or not you qualify as a whistleblower below.
Federal whistleblower laws and you
If you feel that an employer is retaliating against you for whistleblowing, the federal agency known as the Occupational Safety and Health Administration (OSHA) may be on your side. Whistleblowing is an employee right, and OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes. These statutes protect employees who report violations of the law regarding the following:
- Workplace safety and health
- Airline
- Commercial motor carrier
- Consumer product
- Environmental
- Financial reform
- Food safety
- Health insurance reform
- Motor vehicle safety
- Nuclear
- Pipeline
- Public transportation
- Railroad
- Maritime
- Securities
Regarding the OSHA, Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights (detailed under the OSH Act). The rights detailed under this Act include, but are not limited to, worker protections when participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, reporting an injury, and raising a safety or health complaint with the employer.
It is also important to note that whistleblowers are protected under the federal False Claims Act, and whistleblowers can report securities fraud (SEC and CFTC) and illegal actions involving the IRS.
Federal employers, on the other hand, can refer to the Whistleblower Protection Act of 1989. This Act only protects federal employees who report agency misconduct, such as illegal practices, gross mismanagement, abuse of authority, or practices that endanger public health.
Whistleblowing and retaliation
Naturally, some employers who willfully and intentionally engage in misconduct won’t be too happy when an employee reports the illegal activity. As such, some employers may wish to retaliate against whistleblowers through some of the following methods:
- Blacklisting
- Demotion
- Firing
- Denying overtime or promotion
- Denial of benefits
- Making threats, intimidation, or harassment
- Reducing pay
- Reassignment to a less desirable position
Additionally, it’s important to note that, when reporting to OSHA, workers who have been retaliated or discriminated against must file a complaint within 30 days of the alleged adverse action. Some types of complaints, such as those that apply to the Energy Reorganization Act or the Federal Railroad Safety Act, allow up to 180 days to file.
OSHA enforces many of the retaliation laws, but because Colorado is a federal-OSHA, retaliation protections apply to federal employees as well as private sector employees where the employer has more than 10 employees.
Do you qualify as a whistleblower?
So, now that you know some of the basic protections regarding whistleblowers in Colorado, the question remains, “Do you qualify as a whistleblower?”
Fortunately, the answer is quite broad, as, depending on the illegal activity being reported, a whistleblower can be a public or private employee, a contractor or a subcontractor, or even a non-employee who can document fraud against Colorado or local governments. Regardless of the illegal activity or fraud that you are reporting, there are some general guidelines that show who has a better opportunity for success when whistleblowing. These guidelines include:
- The whistleblower has actual knowledge of the illegal act, not just hearsay or suspicion
- The whistleblower can provide hard evidence of the illegal activity, such as emails or internal documents, among others
- The evidence is specific and details the “who, what, when, and where”
- The whistleblower’s information must be original; it cannot come from a publicly disclosed source
Contact the Civil Rights Litigation Group today
If you are unsure about whistleblowing, you feel that you need strong legal backing on your side, or you are experiencing retaliation for exercising your rights, then don’t hesitate a second longer and call Denver CO employee rights attorney Raymond K. Bryant at the Civil Rights Litigation Group. By calling us for a free, no-obligation consultation, we will carefully and compassionately (and confidentially) listen to your case and determine whether you have a whistleblower case. If so, we will vigorously and relentlessly pursue your claims to the fullest extent of the law.
Jan 27, 2017 | Employee Rights
Every worker in Colorado, and throughout the United States, deserves to paid for the work that he/she conducted. When workers are required (or voluntarily) to work overtime, they also deserve the necessary overtime pay. Unfortunately, there have been many cases right here in Denver where employers didn’t pay their employees’ the correct wages as well as overtime wages, resulting in unpaid overtime.
In Colorado, state and federal laws determine how much (and when) an employee must be paid. However, if your employer hasn’t paid the correct wages or overtime wages, you need to contact the leading Denver unpaid wages attorney as soon as possible. At the Civil Rights Litigation Group, we’re experienced employee rights and trial attorneys, and we boast the know-how and litigation strategies to fight against workplace injustices. Don’t ignore unpaid overtime, and call attorney Raymond K. Bryant at (720) 515-6165.
In the meantime, you can learn more about unpaid overtime below.
Unpaid overtime and wages
For every hour that an employee works, he/she is rightfully owed at least the minimum wage. In Colorado, that minimum wage is $9.30 per hour. Although the federal minimum wage is $7.25, any employee working in Colorado is owed the state minimum wage. In cases where the city or county minimum wage is higher than the state minimum wage, employees are owed the higher amount. If your employer has underpaid you, such as by paying the federal minimum wage, you may have an unpaid wage claim.
Unpaid wage claims do occur, but the most common type of employee wage violation is unpaid overtime. In short, employees in Colorado are entitled to overtime if they work more than 40 hours a week, more than 12 hours a day, or more than 12 consecutive hours. For overtime hours, employers must pay their employees time-and-a-half, which equates to an extra 50% of your hourly rate on top of your regular pay. This means that if you’re paid $10/hr, your overtime pay is $15/hr.
If your employer has failed to pay you adequate overtime hours, the unpaid overtime equals the difference between what you should have been paid and what you were paid.
Exemptions to overtime pay
Not all employees are entitled to overtime pay. Hourly, non-exempt employees have a legal right to overtime, but exempt employees might not be able to claim overtime. The most common examples include outside salespeople as well as white-collar employees who conduct managerial or high-level administrative work. Other exempt employees include:
- Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers
- Salespersons employed by trailer, aircraft, and boat (retail) dealers
- Sales employees of retail or service industries paid on a commission basis
- Employees of the ski industry performing duties directly related to ski area operations for skiing or snowboarding
- Employees of the medical transportation industry who are scheduled to work 24-hour shifts
Penalties for unpaid overtime and wages
If your employer has failed to pay your overtime wages, your employer may be susceptible to certain penalties under federal or Colorado law. These penalties are typically added to the wage difference that the employer owes his/her employee. For instance, federal laws state that employees have the right to ask for liquidated damages regarding overtime wage violations. These liquidated damages are designed to cover financial losses, such as bounced checks and late charges.
Colorado law also provides when the employee’s final paycheck doesn’t arrive on time or include everything that the employee is owed. For instance, if your final paycheck doesn’t include the overtime wages, you may be entitled to 125% of the unpaid wages for the first $7,500 owed and 50% of the unpaid wages for any amount owed over $7,500.
How to file a wage claim or lawsuit
When you’re working overtime, you deserve every penny that you’re owed by your employer. As such, if your employer is shorting your paycheck by avoiding legally owed overtime wages, then you need to contact a Denver employee rights attorney as soon as possible. With the guidance and counsel of your attorney, you can file a complaint about unpaid overtime with the Colorado Department of Labor and Employment (CDLE); you can also file a lawsuit in court.
Contact the wage and hour law attorneys at the Civil Rights Litigation Group
It’s important to acquire expert legal help when filing a complaint with the CDLE or filing a lawsuit in court. At the Civil Rights Litigation Group in Denver, CO, we have helped numerous individuals with their wage and unpaid overtime claims, and we boast the resources and know-how to help you too.
If your employer hasn’t paid you the amount that you’re owed, then call Denver attorney Raymond Bryant at the Civil Rights Litigation Group today! Call 720-515-6165.
