Dec 28, 2016 | Employee Rights
When fired from work, it’s understandable to feel frustrated, and it can even feel as if someone unlawfully fired you or gave you the short end of the stick. However, Colorado is an employment-at-will state, which means that employers and employees can end the working relationship at any time, with or without notice, and for any reason, or no reason at all. With this definition, it may seem as if the employer has free reign to fire employees however he/she would like. Fortunately, for the employees’ sake, wrongful termination is a major exception to at-will employment.
Wrongful termination is a broad area of law, and it essentially refers to unlawful terminations due to discrimination, contract violations, violation of Colorado public policy, and so on. If you believe that you were recently discriminated against or wrongfully terminated at your job, you may have a case. The first step is to call Denver employee rights attorney Raymond Bryant at the Civil Rights Litigation Group. Representing clients throughout Denver and the surrounding areas, our law firm can look through your case, provide essentially legal counsel, and, if you have a case, represent your interests diligently, aggressively, and professionally in Colorado courts. For a free, no-obligation consultation with our law firm, call us today at 720-515-6165.
In the meantime, this month’s blog post will describe some of the nuances and differences between employment-at-will and wrongful determinations.
Employment-at-will in Colorado
Throughout the United States, with a single exception for Montana, employment relationships are generally considered to be “at-will.” At-will-employment refers to the freedom of employers and employees to terminate employment contracts. The employer can fire an employee for any reason without incurring a liability, but it’s essential to remember that employers cannot fire an employee for an illegal reason. Additionally, at-will employment means that an employer can change the terms of the relationship employment without notice nor consequences. For instance, the employer can:
- Alter wages
- Terminate benefits
- Reduce paid time off or vacation time
Unfortunately, at-will employment does have some negative effects for the Colorado worker; employees are generally vulnerable to arbitrary and sudden dismissal, a limited work schedule that depends on employer needs, and unannounced cuts in wages and benefits.
Wrongful termination and your rights
The at-will presumption for many employment disputes is very strong. If you were fired and you believe that you were fired illegally, it’s essential to show the courts that you were wrongfully terminated. For instance, some examples of wrongful termination often include:
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Public policy exceptions: The public policy exception refers to when an employee’s termination violates an explicit, well-established public policy of the state. For example, employers in Colorado cannot fire an employee because the employee filed a workers’ compensation claim after being injured on the job. The public policy exception is perhaps the most common example of wrongful termination.
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Implied contract exceptions: Another exception occurs when an implied contracted is created between the employer and the employee. In these cases, there are no express or written contracts; the implied contract can be created through the employee handbook, for example, or through oral or written statements regarding job security or discharge procedures.
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Discrimination or harassment: Federal and Colorado discrimination statutes prohibit employers from making employment decisions based on an individual’s protected status, such as race, color, religion, sex, gender, disability, or veteran status.
What to do if you were wrongly terminated
If you were wrongfully fired from your job, there are some things you should do to help the wrongful termination case and hold your employer accountable for unlawful employment practices. First of all, you should never act out on any negative instincts against your employer. You should also:
- Become familiar with any associated contracts
- Ask about the reasons for your termination
- Request to view your personnel file
- Request and possibly negotiate a severance package
- Don’t allow yourself to be intimidated
Call the leading employee rights attorney Raymond Bryant
If you have been fired from your job, you may have rights as well as severance pay, damages, or unemployment compensation. One of the first steps in pursuing this legal action is to contact an experienced and knowledgeable Denver employee rights attorney. At the Civil Rights Litigation Group, we’ve helped countless individuals with their employment disputes and wrongful termination, and we have the resources and know-how to help you too. For a free, no-obligation consultation with attorney Raymond Bryant, call our Denver law office today at (720) 515-6165.
Nov 23, 2016 | Employee Rights
Colorado, like many states, has comprehensive laws and regulations designed to protect employees from malicious employment practices, such as undercutting employee wages or foregoing overtime payments to employees. Although the vast majority of employees in Colorado receive at least minimum wage as well as “time and a half” overtime pay, there are certain types of employees who are exempt from overtime, minimum wage laws, or both. If you’re not receiving appropriate overtime wages or minimum wages, then you need to first make sure that you haven’t been misclassified as an exempt employee.
If you are not exempt, then you are owed appropriate overtime as well as minimum wage. As Denver CO employee rights attorneys, we at the Civil Rights Litigation Group aim to fully protect employees from violations of overtime and wage laws, and we’ll diligently and expertly represent your claims in Colorado civil courts. Remember that misclassified, non-exempt employees may be entitled to thousands of dollars in unpaid overtime and other wages.
For victims of wage or overtime violations, make sure to call our Denver law office today for a confidential, free consultation. In the meantime, you can learn more about employee exemptions in Colorado by reading below.
Are you an exempt or non-exempt employee?
The federal law regarding wage and overtime regulations for employees is the federal Fair Labor Standards Act (FLSA). Colorado also has several similar laws. To understand whether you’re an exempt or non-exempt employee, it’s important to look at the FLSA as well as Colorado’s laws.
The federal law, FLSA, applies to most employers in Colorado who have annual sales or revenue of over $500,000. At the same time, both large and small businesses in Colorado must comply with Colorado state laws and regulations, such as the Colorado Minimum Wage Order. Ordinarily, overtime is defined as working over 40 hours in a work week. Under Colorado laws, overtime is also defined as working more than 12 hours in a day or a shift. Additionally, the law states that overtime pay must be one and a half times the employee’s regular rate of pay.
Overtime and exemptions from the Colorado wage order
The overtime and minimum wage laws defined above only apply to non-exempt employees. Section 5 of Colorado’s Wage Order sets the legal exemptions for certain occupations and professions. These include administrative, executive/supervisor, professional, outside sales employees, and elected officials and their staff. Other exemptions include:
- Companions
- Casual babysitters
- Domestic employees employed by households or family members to perform the following duties:
- Duties in private residences
- Property managers
- Interstate drivers
- Driver helpers
- Loaders or mechanics of motor carriers
- Taxi drivers
- Bona fide volunteers
- Students employed by sororities, fraternities, college clubs, or dormitories
- Students employed by work experience study programs
- Employees working in laundries of charitable institutions which pay no wages to workers and inmates
- Patient workers who work in institutional laundries
Exemptions from overtime
Section 6 of the Wage Order explains various professions and occupations that are exempt from the Colorado overtime laws. Exemptions from all or part of the overtime requirement may include commission sales, the ski industry, and medical transportation. These exemptions are explained below:
Commission sales exemptions — Employees who receive commissions are exempt from overtime as long as 50% (or more) of their total earnings in a pay period are derived from commission sales. Their rate of pay must also be at least one and a half times greater than the minimum wage.
Ski industry exemptions — Employees who work in ski area operations for downhill skiing or snowboarding are exempt from the overtime requirements. This includes employees who provide food and beverage services at on-mountain locations.
Medical transportation exemptions — Employees of medical transportation operations who work 24-hour shifts are exempt from the 12-hour overtime regulation as long as they receive overtime for working more than 40 hours in a week.
Consequences for misclassified exempt employees
Assuming a worker is exempt from overtime, even though that employee is not exempt, can present significant consequences for the employer. According to federal laws, if an employer doesn’t pay a non-exempt employee legal overtime wages, then that employer may be liable for the underpayment, “liquidated damages” in an equal amount, and even the employee’s attorney fees. Also, it’s important to note that in cases of good faith, where the employer made an honest mistake, some courts will rule that ignorance of exemption requirements is not an excuse.
Also, the employer can get into more trouble, increasing his/her liability, by engaging in any form of retaliation against an employee who claimed overtime.
Call the Civil Rights Litigation Group to protect your overtime rights
As the leading civil rights and employee rights attorney in the Denver, CO, area, attorney Raymond K. Bryant understands the full scope of Colorado and federal employment laws. In addition to helping you know whether or not you were exempt, the Civil Rights Litigation Group will work with you, one-on-one, with the goal of holding responsible individuals accountable for their actions (if they are liable, that is).
To speak with attorney Bryant regarding your case, call our Denver law office today at 720-515-6165 for a free, no-obligation consultation.
