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Why Choose Elkus & Sisson as your Employment Attorney?
At Elkus & Sisson, P.C., we understand that every situation is unique. Our team of attorneys are extremely experienced in Labor and Employment Law. We don’t simply rely on a one-size-fits-all solution, we offer personalized legal support and representation that’s tailored to your specific goals. We take the time to meet with you, listen to your case, and work together as a team in our efforts to secure an optimal outcome.
Our Law Office is Backed by Experience
Our team of employment lawyers regularly assist clients with a broad range of legal employment issues. We are a skilled team of attorneys in Denver, Colorado with over 15 years of experience.
Our experience extends to all facets of employment law which includes the Fair Labor Standards Act, Title VII, Family and Medical Leave Act (FMLA), Whistleblowers, and Colorado Wage Order 35 (2019).
We Offer Representation for Employees
We offer protection for employees. Our team of attorneys fight hard for anyone wrongfully terminated, experienced workplace discrimination, were not paid the overtime pay you are entitled to, or experienced any of the many types of work mentioned above.
We Offer Representation for Employers
Our ability and experience representing both employees and employers is an advantage when representing employers in any type of employment discrimination case. We know the rights and steps employers need to protect themselves.
Determining Your Type Employment Law Issue
Employment law is a large topic that covers a wide variety or issues surrounding employment and workplace environments. View the topics below and find out if any of them relate to your situation.
Discrimination in the workplace is often a sign of a hostile work environment. Workplace discrimination can occur when any worker is treated unfairly based on (but not limited to) the following:
- Sexual harassment
- Equal Pay
- National origin
In Colorado it can be complicated to determine if someone was terminated in a wrongful manner because Colorado is an at-will employment state. Someone who is not under contract or collective bargaining agreement has less protection from being terminated. It is best to consult with an employment attorney who can help you find the best course of action.
If someone feels they have been terminated unfairly they might be able to be compensated for lost wages, punitive damages, and lawyer fees. If an employee feels they have been dismissed for any of the types of workplace discrimination types listed above then they may certainly have a case.
Wrongful discharge can take place in many forms including:
- Contacting government about illegal activities
- Refusing to do something illegal
- Any type of employment discrimination listed above
Wage and Hour Laws
Disputes between employees and employers surrounding wages and hours is another area of expertise for the attorneys at Elkus & Sisson. As of January 1st, 2019 the minimum hourly wage in Colorado was set at $11.10. Whether you are an employer or employee it is important for you to understand the wage and hour laws in Colorado.
Breaks, Rests, Meal Periods, and Overtime
Employees have rights to when it comes to breaks, rests, meals, and overtime in Colorado. Employers also need to be aware of the specifics which are outlined in Colorado’s Wage Order number 35. You can download the fact sheet for wage order 35 to get all the details.
Right to Work Cases
Colorado is considered a “work-at-will” state and not a “right-to-work” state. Therefore wrongful termination can be a bit more complicated. This does not mean you do not have or should not file a wrongful termination case against your employer, however, it is a good idea to consult with an experienced employment attorney and contact Elkus & Sisson immediately.
Hostile work environments often contain workplace harassment issues. If your place of employment has become intimidating or you find yourself in hostile situations then you may have a case. It is crucial to know your rights and consult with legal counsel with experience in cases involving workplace harassment issues.
Employees and employers need to know the rules for overtime pay. An employee’s right to overtime pay in Colorado is noted in the Wage Order 35. Employees working over 40 hours per workweek or 12 hours per work day should be compensated with overtime pay. There are exemptions based on the employee’s contract, position, or industry so consulting an experienced employment lawyer is strongly advised.
Whistleblowers are protected against retaliation thanks to the Whistleblower Protection Act of 1989. This allows workers to safely report issues within the workplace without fear of retaliation. Termination is not the only form of retaliation. Other forms of retaliation towards whistleblowers may include:
- Reduction in pay
- Reduction in hours
- Making workplace conditions tougher
- Loss of benefits
As an employee, if you feel like your employer does not provide an environment that allows you to voice concerns then you should take steps to protect yourself. The first thing you should do is consult a lawyer with extensive knowledge of whistleblower laws and protections. Employers need to take steps to encourage and promote a healthy work environment where workers feel comfortable speaking out and expressing their concerns. Consider creating an anti-retaliation program. Here is a document that outlines steps that employers can take to create a healthy workplace environment.
Unemployment Insurance Claims
Unemployment insurance claims can be complicated and stressful. Unemployment compensation is crucial for anyone going through this tough situation. Consulting with an attorney experienced in this area should be your first step.
If you have been denied unemployment benefits you think you deserve we can help you decide if your denial of benefits was wrongful and should be appealed. We have the experience to collect the necessary evidence and create a strong case so you get the unemployment compensation you deserve.
Employees also need to be aware of the reasons for the denial of their unemployment benefits such as:
- Quitting your job voluntarily
- Being terminated for violations or misconduct
- Not satisfying the base requirements for earnings
Federal and state law prohibits any sort of discriminatin based on an employee’s disability. The Americans with Disabilities Act requires certain types of employers to make reasonable accommodations for people with disabilities. Types of accommodations may include (but not limited to):
- Accessible parking
- Changes to worker’s equipment
- Accommodation of service animals
- Work schedules
- Job reassignment
Not everyone who is terminated from their job is entitled to a severance pay package. However, if you have a severance agreement in place it is worth a close look. Are you receiving the proper amount of severance pay? If you feel your former employer is not living up to your severance pay agreement then let us help you decide on a proper course of action.
Employers may need to protect themselves from former employees and need legal counsel to create severance pay agreements that will protect them in the future. It is critical to make sure you have an attorney experienced in employment law guide you through the process.
Additional Employment Law Issues
Don’t see your employment issue listed above? Contact our firm to discuss your unique situation with an employment lawyer in Denver. We take the time to listen to your case and understand your personal goals. We regularly handle a wide range of difficult and complex employment law cases for individual clients, small businesses, and major corporations. Additional employment law issues may include:
- Holiday pay
- Severance pay
- Sick pay
- Policy and procedure violations
No matter how complex or difficult your situation may be, our team is here to help you understand your options and work toward the best possible outcome.
If you think you could benefit from the employment law services above please contact Elkus & Sisson at (303) 567-7981 to schedule your initial, confidential consultation.