Civil Litigation: In every case regarding civil lawsuits the attorneys at Elkus & Sisson can provide their expertise. So whether you are looking to keep contractual obligations in order or you are involved in an employment related legal action, we can help.
Our civil justice system was established to hold the citizens of this country responsible for their actions or own failure to act as appropriate. By and through our civil justice system, individuals or businesses can be forced to answer for their wrongful behavior.
The civil litigation attorneys of Elkus & Sisson, P.C., have extensive experience in all types of civil disputes, including:
For a full list of services we provide in the matters of civil litigation, we have provided a quick reference in the blue key with links to more information on each subject.
Our Denver civil litigation lawyers have taken dozens of cases to verdict and have handled appeals throughout the Colorado civil court system.
A vast majority of all civil cases are settled out of court. In many instances, it may be in your best interest to resolve your dispute without going to trial. Our firm can advise you as to the best course of action for your particular case. You need our experienced civil litigation lawyers to advise you when settlement is appropriate, what type of settlement is fair and when full bore litigation is your best option.
We provide clients with aggressive and cost-effective representation through the services of seasoned litigators, employing creative resources in a cost-effective and efficient manner, and only taking actions that will truly advance our clients’ interests.
Whatever your issue, our business and commercial lawyers can assist you. Contact the law firm of Elkus & Sisson, P.C., to learn more.
At Elkus & Sisson, P.C., our family law attorneys have experience in all types of civil litigation, including (but not limited to):
Legal issues can add unnecessary emotional and financial strain to your life. At Elkus & Sisson, P.C, in Denver, Colorado, we are aware of the tumultuous nature of your situation and are here to help.
If you have a legal concern, don’t hesitate to contact our firm online or call us at 303-567-7981 to learn how we can be of assistance. Free initial consultations are available for those who qualify.
Throughout the course of their practice, our Colorado construction defect attorneys have amassed experience through litigating hundreds of cases.
At Elkus & Sisson, P.C, we focus our efforts on distinct areas of the law:
If you have any type of legal issue, our lawyers are ready to represent your interests.
Drainage and grading defects
Improperly installed walkways
Faulty road construction
Structural damage and imperfections
Exterior defectsWhen multiple units are built in the same area, particular attention must be paid to proper grading and drainage to avoid the possibility of one home taking on a serious amount of water being directed away from the surrounding homes. Improper attention to grading and drainage can result in the development of mold inside a home and eventually lead to wood rot that could affect the stability of the framing. Even if a single builder is overloaded with work, he or she still has the responsibility of following construction law to ensure that each and every job is completed in the appropriate manner. When builders begin to cut corners to save time on projects and construction defects result, the homeowners could be at risk for both financial problems and the possibility of injuries.
Soil settling and improper drainage
Defective construction materials
Leaky roofs due to improper installation
Unsafe structures like decks or balconies
Faulty electrical or plumbing systems
Building code violations
Warranty violationsThese kinds of construction defects can cause financial loss to the owner of the property through repair costs or medical expenses due to an accident incurred on the property. In construction litigation, your attorney will go after the parties that are financially responsible for these kinds of construction defects. This can be the construction company that performed the construction on your property or the homeowners insurance company that refuses to compensate you for damages or medical expenses.
Getting laid off, fired or skipped over for a promotion can create feelings of anger, resentment and bitterness. These feelings intensify if there is suspicion of discrimination or you feel you have been wrongfully terminated.
On the flip side, being accused of discrimination can be just as emotionally stressful. This is why having an experienced Colorado employment attorney at your side is crucial.
Our attorneys can help you keep a cool head and prevent you from taking actions that you may later regret. An attorney who is well versed in employment law can advise you of your rights and help you build a solid case whether you stand accused or are a victim of discrimination.
We handle a variety of discrimination cases, including those involving:
The state of Colorado prohibits employers from terminating or discriminating against employees based on age, race, sex, religion, nationality, pregnancy or disability.
These criteria are also not to be used in consideration for termination, wages, promotions or job assignments.
Employers are also prohibited from terminating an employee for being married to a co-worker, refusal to breach company policy, refusal to break a law, or in retaliation for filing a safety or discrimination claim.
In addition, an employer is prohibited from asking questions pertaining to the above criteria during an interview. These questions include:
An employer can ask about personal characteristics during an interview if he or she feels it might affect a candidate’s ability to perform a specific job. These questions may include:
Discrimination against the handicapped is prevalent throughout the public and private sectors of our society.
Prejudice that stems from fear of the unknown and a lack of understanding regarding the nature of a person’s handicap often shapes how normal people view such individuals, and most often are unable to see past a person’s handicap to discover he or she is a real person who is really not much different from anyone else.
Bias against the handicapped is very commonplace in the workplace. Fortunately for the gainfully employed handicapped, employee laws are in place to protect their rights.
Under Title I of the American With Disabilities Act (ADA), employers are prohibited from discriminating against a handicapped or disabled employee.
Employers with more than 15 employees must provide handicapped/disabled employees with equal opportunities to the same employment-related opportunities as those available to others.
In addition, employers must make reasonable accommodations to known mental or physical limitations of otherwise qualified persons with a handicap/disability, unless it causes undue hardship.
Sex and/or gender discrimination remains a problem in the workplace. The Equal Employment Opportunity Commission (EEOC) received 28,372 charges of gender discrimination complaints. Approximately 24,018 sex discrimination charges were resolved, and $109.3 million in monetary compensation for the charging parties and other aggrieved individuals was recovered by the EEOC.
Gender or sex discrimination occurs when you receive different treatment because of your gender, and such treatment has an adverse impact on the terms or condition of your employment, such as your pay, position, advancement, training opportunities or job security. Some examples of sex or gender discrimination are as follows:
States have employee laws that protect workers from gender and other types of discrimination. The state of Colorado prohibits employers from discriminating against or terminating employees based on sex, age, race, color, creed, religion, nationality, pregnancy or disability. Using such criteria in consideration for termination, wages, promotions or job assignments is also prohibited. If you feel you are the victim of gender discrimination, a seasoned Colorado employment lawyer can advise you of your rights and help you fight to get the fair treatment you deserve.
To learn more about your rights, contact our Denver gender discrimination attorneys at Elkus, Sisson & Rosenstein, P.C., for a consultation.
You may have a good job, but appreciating it is difficult when you’re being treated differently or adversely by your co-workers or supervisor because of your race.
Racial discrimination continues to be a serious problem in the workplace, despite efforts to promote racial sensitivity and diversity.
If you work in Colorado and feel you are being treated unfairly because of your race, you need to talk to a Denver employment lawyer who specializes in dealing with racial discrimination cases.
Employers are prohibited from discriminating against an employee based on age, race, sex, religion, nationality, pregnancy or disability, and such criteria are prohibited from being used in consideration for termination, wages, promotions or job assignments.
Racial discrimination in the workplace occurs when an employee is treated differently because of his or her race, color or ethnicity. Some examples of racial discrimination are as follows:
Title VII of the Civil Rights Act of 1964 protects persons from race-based discrimination in employment. It is illegal for an employer to discriminate against a person because of his or her race in hiring, firing, promotion, raises and other job opportunities.
All private employers, state and local governments, and educational institutions that employ more than 15 staff are covered under Title VII, as are private and public employment agencies, joint labor management committees controlling apprenticeship, training and labor organizations.
If you are in a situation with your future, current or former employer in Colorado that involves employment laws, you need a seasoned Denver, CO attorney who is experienced in all aspects of employment law at the national and state levels.
Our attorneys have this experience and dedication to their clients’ rights under employment law.
They can help you negotiate with employers, protect your employment rights, mediate employment disputes and hold employers accountable to discrimination and other employment laws.
Your experienced employment attorney from our firm can also help you in different stages of employment.
If you have filed or are thinking of filing an administrative grievance against your employer, you should retain the services of an employment attorney as soon as possible.
An attorney who is knowledgeable about all of Colorado’s employment laws can help you review and file your grievance with your employer or an appropriate government agency.
An administrative grievance is a written request for relief that is submitted by an employee or group of employees pertaining to a concern relating to the employment of the individuals. Administrative grievance procedures cover employees who are not members of a union or labor organization.
Employees belonging to a union or labor organization may file administrative grievances if the issue at hand is not covered by a Negotiated Grievance Procedure or if there is no Negotiated Grievance Procedure in effect at the time the administrative grievance is submitted.
Employers or any other staff is prohibited from interfering with an employee’s filing of a grievance. Any act of restraint, coercion, discrimination or retaliation against an employee who files a grievance is illegal.
Employers or co-workers who commit any of these offenses could face severe disciplinary action as well as be in violation of employee laws. Any employee who provides information pertaining to a grievance is also similarly protected.
If you’re employed in Colorado and feel you are being subjected to unfair treatment because of a grievance you filed, talk to an experienced Colorado employee law attorney who has knowledge in administrative grievance procedures along with the experience in handling these types of cases.
You want a lawyer who is well versed in Colorado’s employee laws and how they pertain to your specific matter.
You need an employee law attorney who can clearly explain the laws in a manner you will understand and advise you of your rights under the law. Your attorney can examine how your grievance was handled to see if your employer violated any laws.
He or she can also choose the best course of action for you as well as advise you of other resources or government agencies you could reach out to for help.
Colorado civil rights laws encompass areas of discriminatory practices in housing, employment, public accommodations, advertising and in dealing with people with disabilities. Our lawyers are knowledgeable in all of these civil rights laws, their specific statutes and penalties for violating these laws.
Housing: Colorado prohibits refusing to show, rent, sell, lease or transfer housing, or otherwise make unavailable housing because of a person’s race, color, sex, sexual orientation, religion, nationality, disability, creed or marital/familial status.
Employment: An employer cannot refuse to hire a person because of race, sex, creed, color, sexual orientation, religion, nationality, age or disability. An employer cannot promote/demote, discharge or harass an employee or use discriminatory practices in matters of conditions, terms, compensation or privileges of employment based on the same factors. An employer can refuse to hire a disabled person if there is lack of reasonable accommodations on the premises, if the disability automatically disqualifies a person for a job or if the disability significantly impacts the job.
Employment agencies may not refuse to list and properly classify or refer a person for employment in a known available job for which the person is qualified because of race, color, creed, sex, religion, sexual orientation, nationality, age or ancestry. An employment agency may not comply with an employer’s request that directly or indirectly indicates the employer discriminates in employment on the basis of race, color, creed, sex, religion, sexual orientation, nationality, age or ancestry. An employment agency may refuse to list and properly classify or refer a disabled person for employment in a known available job for which the person is qualified but there is no reasonable accommodation the prospective employer can make with regard to the disability — the disability automatically disqualifies a person for the job and the disability significantly impacts the job.
Public accommodations: Any place of business engaged in sales to the public or offering accommodations, privileges, services, facilities or advantages to the public may not refuse to directly or indirectly deny or withhold full and equal enjoyment of facilities, goods, services, advantages, privileges or accommodations from a group or individual because of race, color, creed, disability, sexual orientation, nationality, ancestry or marital status.
Discriminatory advertising: An owner, manager, proprietor, superintendent, lessee, agent or employee of any resort, amusement park or place of public accommodation may not issue, publish, send, circulate, give away, distribute or display any communication intended to discriminate or actually discriminates because of race, color, creed, disability, sex, marital status, sexual orientation, nationality or ancestry.
Persons with disabilities: Persons who are blind, visually impaired, fully and partially deaf, and otherwise disabled have the right to fully participate in the social and economic life of the state and secure gainful employment.
At Elkus & Sisson, P.C. our lawyers handle a variety of employment law matters, including issues involving collective bargaining rights.
Collective bargaining is a negotiation between an employer and a group of employees to discuss issues such as benefits, wages/salaries, paid time off, working conditions, and health and safety standards in the workplace.
A union or labor organization typically serves as the representative of the employees. The objective of the collective bargaining process is to come to a collective agreement. Collective bargaining is governed by state and federal statutory laws, administrative agency regulations and judicial decisions.
If state and federal laws overlap, state laws are pre-empted.
The National Labor Relations Act (NLRA) is the main body of law that governs collective bargaining. The NRLA gives employees the right to join unions and collectively bargain.
It also establishes procedures for labor organization selection and prohibits employers from interfering with this selection. Under the NLRA, employers are required to bargain with the appointed employee representative.
Neither the employer nor the employee representative is required to reach an agreement, but they are required to adhere to procedural guidelines on good faith bargaining. State laws further regulate collective bargaining. An experienced employee law attorney can explain Colorado’s collective bargaining laws as they pertain to your case.
Consumers’ protection issues arise every day for Coloradans. One person discovers his or her identity has been stolen; another believes a lender is guilty of discriminatory lending practices; and another may be having a contractual dispute with a vendor whose services or goods were unsatisfactory.
The Office of the Attorney General’s Consumer Protection Section provides consumers and business with resources they can utilize to protect themselves from fraud and other deceptive or illegal practices.
The Consumer Protection Section protects Colorado’s businesses and consumers from fraud and maintains a competitive business environment by enforcing federal and state consumer protection laws; enforcing federal and state antitrust laws; enforcing and implementing tobacco master settlement agreement provisions; enforcing state laws on debt collection, predatory lending, consumer lending, credit repair and rent-to-own; and acting as advocates on behalf of small business, residential and agricultural public utility taxpayers.
Below are some consumer protection issues that the Consumer Protection Section addresses:
In Colorado, any time there’s a change in your employment status — whether you’re just hired or promoted — you can negotiate with your employer regarding benefit or severance packages.
You may be tempted to negotiate these packages on your own, but an employment attorney can help you get better benefit and severance packages than if you negotiated on your own.
At Elkus and Sisson, P.C. our Denver employment lawyers are very familiar with Colorado employment laws and can help you review employment contracts to make sure you are getting the pay, benefits and severance you deserve.
If you’ve just been hired, you can get an employment lawyer to help you negotiate with your new employer on a variety of issues such as:
It’s a good idea to negotiate these packages with the help of our Denver severance package attorneys before you are hired for many reasons, including:
Sexual harassment can happen to any employee, regardless of gender or sexual orientation. It can be direct or indirect. The number of sexual harassment grievances filed with EEOC gradually decreased in recent years, falling from 12,510 in 2007 to 11,717 in 2010. The majority of complaints came from women; however, men filed 16.4 percent of the complaints. Of the women filing complaints, 43 percent were sexually harassed by a supervisor; 27 percent were harassed by a senior employee; 19 percent were harassed by a fellow co-worker and 8 percent were harassed by a junior employee.
Only 5 to 15 percent of female employees report sexual harassment out of shame, guilt at being harassed, feeling that nothing will be done about it, fear of losing their jobs or hurting their chances of advancement. Men are less likely to report sexual harassment because of masculine stereotypes or the fear of their sexuality being scrutinized.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. Sexual harassment occurs when unwelcome sexual advances, verbal or physical conduct of a sexual nature, or requests for sexual favors when rejection or submission affects an employee’s employment, impacts his or her work performance or creates a hostile work environment.
If sexual harassment results in an employee being fired, demoted or assigned to unfavorable work assignments or subjected to a hostile work assignment, the employer will be held liable unless the employer can show that he or she took reasonable steps to prevent and correct the problem and the employee unreasonably failed to utilize the company’s corrective and preventative measures. An employer can also be held liable if he or she was aware of the harassment and did not take corrective and preventative measures to rectify the problem.
Our attorneys specialize in all areas of employment law, including sexual harassment. Sexual harassment is a very emotionally stressful experience, and you need an employment attorney with experience handling cases of this sensitive nature. Your attorney should be able to explain your rights under the law and prepare you for the legal battle ahead of you.
The Fair Labor Standards Act requires employers to pay overtime to covered, non-exempt employees who work more than 40 hours in a workweek.
The rate of overtime pay is to be one and one-half times an employee’s regular pay rate. There are some exceptions that apply to hospital and nursing home employees, as well as firefighter and police officers.
Some states have overtime laws that subject an employee to both state and federal overtime laws and the employer is required to pay overtime according to those that allow for payment of the higher overtime pay.
Colorado law requires employers to pay time and a half of an employee’s regular pay rate for any hours worked in excess of 40 hours per workweek, 12 hours per workday or 12 consecutive hours regardless of when the workday starts and ends.
Employees who are covered under Colorado’s overtime laws are those who work in retail and service, food and beverage, commercial support service and health/medical occupations. Exempt employees include:
An employer may not waive overtime pay, even with the agreement of the employee. Employers who do not comply with overtime pay laws will be in direct violation of FLSA rules.
In addition to being fined, an employer can be held liable for retro overtime pay for up to two years; three years if he or she is found to have willfully violated the law. The employer can also be sued by the employee, which could be very costly to the employer.
Employers are required by federal law to adhere to the standards mandated by the Fair Labor Standards Act (FLSA) that pertain to wage and overtime pay.
The U.S. Department of Labor’s Wage and Hour Division enforces these standards. The federal minimum wage is $7.25 per hour (effective July 1, 2009), but some employees are covered by both federal and state minimum wage laws.
Severance, vacation, sick or holiday pay is not required under the FLSA although most companies do offer it.
Colorado’s minimum wage is $7.36 per hour as of Jan. 1, 2011. Employees covered by federal and state minimum wage laws must be paid the higher minimum wage.
Employees must be paid a tipped minimum wage of $4.34 per hour. Employees covered by state and federal minimum wage laws must be paid the higher tip minimum.
Employers must use cash wages to make up any difference should an employee’s tips plus the employer’s cash wage total less than the minimum hourly wage.
No more than $3.02 per hour in tip income can be used to offset tipped minimum wage.
Just because the laws are in place, it doesn’t mean some employers won’t try to get around paying a fair wage. Some examples of unfair or dishonest wage practices that occur in the workplace include:
Not providing wage statements
Minimum wage violations
Late payment at separation
Meal and rest breaks. Employers must provide rest and meal breaks.
Unpaid sales commissions
Unreimbursed work expenses
Having employees work “off the clock” and not paying for the work performed
Inaccurate wage and hour calculations. This could occur intentionally or as a result of an accounting error, but if the later occurs frequently, it could be a red flag.
There are many employment law attorneys in Denver County who are well versed in all areas of employment law as well as federal wage laws, but you want one with experience dealing with cases involving unfair wage practices and who has years of experience and a proven track record. You want an employment law attorney who can explain your rights under the law and choose the best course of action for you to take.
There are many company violations of the law that go unreported because of the fear of retaliation. Employees depend on their jobs to maintain their livelihoods and in most cases medical and retirement benefits.
What many employees may not know is that most of the same laws that protect them — like wage and hour protections, health and safety laws, and anti-discrimination laws — also have provisions that make it illegal for an employer to retaliate against them for reporting wrongdoing.
Whistleblowing happens when a person tells an authority figure or the public about alleged illegal or dishonest activities (i.e., misconduct) within a company, government department or public/private organization, or an employee exposes dishonest practices or illegal activities occurring within his or her company.
The misconduct can be in the form of a company regulation, a federal or state law, or a public health and safety threat. Whistleblowers may make allegations either internally within the organization allegedly guilty of wrongdoing or externally to the media, law enforcement or regulators.
The Whistleblower Protection Act of 1989 prohibits retaliation against federal employees who disclose violations of laws, rules or regulations, gross misconduct, mismanagement or waste of funds, or a specific and substantial danger to public health and safety.
Federal whistleblower protections also protect employees working in the private sector, since disclosures by private sector employees typically pertain to misconduct of government officials as well as private sector employers.
If you recently disclosed information pertaining to misconduct within your current or former company and suspect retaliation is being taken against you, do not hesitate to consult with an experienced Colorado employee law attorney.
Your attorney can explain your rights and advise you of your legal options and the best course of action to take. He or she will explain the legal process as it pertains to your circumstances and let you know what to expect.
Wrongful termination occurs when an employer fires or lays off an employee in violation of that employee’s legal rights.
In order to prove the firing or layoff was wrongful, the employee must be able to prove that one or more of his or her legal rights was violated in the process. In wrongful termination cases, it’s crucial to enlist the aid of a lawyer with vast experience handling employee law cases and a proven track record.
If you work in Colorado and feel you were wrongfully terminated, a seasoned Colorado law attorney can review your case and advise you how to proceed.
There are certain criteria that could be grounds for a wrongful termination lawsuit against a former employer:
The labor laws in Colorado cover many areas such as wages and hours, employment verification, work permits and youth employment. Your employment attorney can explain each area of Colorado’s labor laws that pertains to your circumstances, including wage and hour law.
Finding a qualified employment law attorney in Denver County is easy; finding one who is good fit for you requires due diligence on your part. The ideal attorney is one who is knowledgeable about all areas of Colorado’s labor laws and has a proven track record for success in reaching positive outcomes with each case he or she has handled.
With over 15 years of experience, Elkus and Sisson, P.C. strives to give each of our clients the personalized attention they would get from a smaller firm with the experience and knowledge that a collaborative firm has to offer.
No matter what your legal issue, our responsibility is to provide you with individualized attention to help guide you through the legal process while keeping your goals in mind. Do not hesitate to contact us regarding your legal concerns and to learn how we can assist you in finding solutions to your legal issues.