Colorado Employment Legal Questions

No, you must be paid for every minute you work. Two suggestions: 1) first go to Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ That has info on how to file a complaint. They will prosecute the complaint. 2) Google this: wage and hour law This search should take you to many firms that give advice on their web pages.... Read More

It is not necessarily against the law to punish employees unequally.   If, however, the reason why you were punished and the others were not was based on discrimination (race, religion, national origin, etc.) or retaliation for certain types of activities (e.g., union participation, whistleblowing complaints, etc.) then the disparate discipline would be evidence of discrimiation or retaliation.  This would allow you to file a lawsuit.  You should speak to an attorney to explore this more... Read More

I can only answer generally, but here goes.  Yes, you will need documentation.  You don't say what type of claim you would bring, but you will need to prove each element of any claim.  Proof will require evidence.  "Documentation" can consist of your own records, the employer's records and a variety of other things, including oral testimony from co-workers.  Depending on the jurisdiction in which you bring suit, it can take a year or more for the case to be resolved.  Depending on the type of claim, a successful employee plaintiff may recover back wages, unpaid overtime, treble damages (3 times the amount the employer owes you as a penalty for wilful violation of the law) and reasonable attorneys fees.... Read More

Colorado is, by default, an "employment at will" state. “Employment at will” is an employment relationship that is not governed by an individual contract of employment, collectively bargained agreement, or statute.  Either party to an employment at-will relationship may terminate the employment for any cause or no cause, except for an illegal reason.  There is no guarantee to either party that employment will continue for any specified duration. As such, unless the complaints were made for some illegal or impermissible purpose, by default, barring an exception listed above, you can be fired for any cause or no cause. An example of where this would not be permissible would be if you were targeted for groundless complaints solely as a pretext to terminate you based on you being a member of a protected class.  Your summary makes no mention of this, so I assume this is not an issue. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi    ... Read More

The scenario you are discussing is quite common and can be quite disconcerting for the employee who is in fear of being left without much in the way of firm assurances or stability. The protection you should work to implement, in addition to a comprehensive employment agreement, is commonly referred to as a "golden parachute." A "golden parachute" is designed to address the risk that you will be hired by the new company and then potentially "let go" without any of the financial security that was provided to the other former employees through severance packages. A golden parachute is an agreement between you and the "new" company specifying that you will receive certain benefits if your employment is terminated within a set period of time or if your responsibilities and/or other aspects of your employment are materially modified or diminished.   The "parachute" can be triggered in multiple ways, including the company terminating you or in the event of a "change of control" (as is apparently being contemplated within 1 to 3 years).  These agreements are generally prepared with the help of an attorney and it is preferable to have an attorney working to protect your rights. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi... Read More

You may be eligible for benefits, and you may also have a claim for wrongful termination, or constructive discharge, based on the facts provided. The appropriate Wage and Hour laws, Unemployment Insurance Benefits, and wrongful termination analysis would need to be conducted once more facts were ascertained.... Read More

Typically, most state laws require that you receive your last paycheck for time you worked, and unused accrued vacation, no later than the next pay period when you would typically have been paid had you still been at work. As to the other issues you raise, you may very well be entitled to unemployment due to their other work place violations and are entitled to pay for the time you were told to work off the clock.  You should see an attorney on these issues... Read More

The timing of the discipline hearing suggests retaliation for your complaint.  Nevertheless, you would still need to attend the hearing.  Listen carefully to what they are claiming you said or did, ask for any documentation they claim to have to support whatever their claim is against you.  Unless it is something that is totally crazy (in which case you can easily deny it), you should ask time to prepare a written response to their allegation explaining that you feel strongly that this is retaliation for your complaint and so you want to make sure there is no misunderstanding (or re-wording) of your position.  You should not sign anything except to note that you have received a copy of whatever document they want you to sign.  Your signature should note you are signing only to acknowledge receipt and does not indicate you are agreeing to anything in the document. You should meet with an attorney to discuss this further to determine what legal action  you can take... Read More

Payment for overtime is covered by the Fair Labor Standards Act and, in addition, may also be covered by state law. States are allowed to pass laws that regulate employee compensation as long as the laws they pass are at least as beneficial to the employee as the federal law, or more beneficial to the employee than the federal law. So the federal law is the "floor" below which the the employer cannot pay the employee.  Federal law requires that employees be paid for all time that they actually work. It does not require that an employee be compensated for any time when the employee is not actually working. If you work a holiday, federal law only requires that you be paid your regular rate for teh hours you worked. If you actually work more than 40 hours in that work week, federal law requires your employer to pay you 1.5 x your regular hourly rate. Your note makes it appear that your employer is not paying you for 4 hours that you actually worked. If this is the case, the employer is breaking the law. You can sue your employer under the FLSA in state or federal court. If you win you will get double the amount he refused to pay you, plus reimbursement for your attorneys fees. I am not aware of Colorado's wage and hour laws, so I cannot address the question under that law..  ... Read More