Fort Collins Employment Law Attorney

What is an employment law attorney?

An employment law attorney in Fort Collins is a legal professional specializing in the field of employment law. They are knowledgeable about employers’ and employees’ rights and obligations as governed by various federal, state, and local laws. Employment lawyers provide guidance and representation to individuals or organizations involved in workplace-related issues such as:

• Wrongful termination
• Discrimination
• Harassment
• Wage disputes
• Employee benefits
• Contract negotiations
• Labor regulation violations

They may also assist clients by providing legal advice, negotiating settlements or agreements on their behalf, and representing them in administrative hearings or court proceedings if necessary. Fort Collins employment law lawyers play a crucial role in protecting the rights of individuals within the complex landscape of employment relationships.

What is wrongful termination?

Wrongful termination refers to the unlawful or improper termination of an individual’s employment by their employer. Wrongful termination can take various forms depending on the specific circumstances but often involves actions such as:

• Discrimination: Firing an employee based on protected characteristics like race, gender, age, disability, religion, national origin, or sexual orientation
• Retaliation: Terminating an employee as a form of punishment for engaging in legally protected activities such as whistleblowing, filing a complaint against the employer for illegal practices, or participating in workplace investigations
• Breach of contract: Wrongfully terminating an employee in violation of the terms and conditions specified in an employment contract or agreement
• Violation of public policy: Dismissing an employee for reasons that contravene public policy, such as firing someone for reporting illegal activities, refusing to engage in unethical behavior, or exercising their legal rights

What is discrimination in the workplace?

Discrimination in the workplace can manifest in various ways and is typically based on an individual’s protected characteristics. Some common occurrences of discrimination include:

• Hiring discrimination: Biased hiring practices that involve excluding or favoring job applicants based on their race, gender, age, disability, religion, national origin, or other protected attributes
• Pay discrimination: Unequal compensation for employees doing similar work due to discriminatory factors such as gender or race
• Promotion discrimination: Denying opportunities for advancement or promotions based on protected characteristics rather than merit or qualifications
• Harassment: Creating a hostile work environment through unwelcome behavior such as offensive jokes, slurs, and derogatory comments related to an individual’s protected characteristics
• Retaliation: Taking adverse actions against employees who file complaints about discriminatory practices or participate in investigations related to discrimination claims
• Failure to accommodate disabilities: Not providing reasonable accommodations for individuals with disabilities unless it would cause undue hardship on the employer

What is harassment in the workplace?

Harassment in the workplace can take many forms and is generally defined as unwanted behavior that creates a hostile or intimidating work environment. Some common types of harassment include:

• Sexual harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature. This may include inappropriate comments, gestures, jokes, displaying explicit materials, or unwelcome touching.
• Racial harassment: Offensive remarks, slurs, derogatory comments based on race or ethnicity that create a hostile work environment
• Ageism: Discrimination or harassment based on an individual’s age may involve negative comments about older employees’ abilities to keep up with younger colleagues or denying opportunities for advancement due to age.
• Bullying: Repeatedly mistreating individuals through actions such as verbal abuse, threats, humiliation, and intimidation tactics that undermine their professional performance and well-being
• Disability harassment: Making offensive remarks about an employee’s disability status or mocking their accommodations in the workplace
• Religious harassment: Targeting someone for their religious beliefs through derogatory remarks about their faith practices or creating a hostile environment based on religious beliefs

How do wage disputes occur?

Wage disputes can occur in various ways and typically involve disagreements between an employer and an employee regarding compensation, such as:

• Overtime pay: Disagreements over whether an employee is entitled to receive overtime pay for hours worked beyond the standard 40-hour workweek or failure to compensate at the appropriate rate, usually 1.5 times the regular hourly wage, for overtime hours
• Minimum wage violations: Instances where employers fail to pay employees at least the legally mandated minimum wage set by federal, state, or local laws
• Unpaid wages: Situations where employers neglect or refuse to fully compensate employees for all time worked, including unpaid wages for regular working hours
• Misclassification of employment status: If workers are wrongly classified as independent contractors instead of employees, they may be denied certain benefits such as minimum wage, overtime pay, and protections under employment regulations
• Tip pooling/tip theft issues: Conflicts concerning tip pooling arrangements wherein tips are shared among staff members or instances where employers unlawfully confiscate a portion of employees’ tips intended solely for them
• Commission disputes: Disagreements over commissions owed to salespeople based on their performance or issues related to the calculation or payment of commissions

In such situations, seeking legal guidance from an employment lawyer can help navigate the complexities of wage-related matters and ensure that individuals receive the compensation they deserve under the applicable laws.

Do I need an employment law attorney?

When you are contemplating whether you need to search for an ‘employment law attorney near me,’ it is important to consider the following situations: 

• Were you wrongfully terminated? If you believe you were unjustly fired and your employer violated state or federal laws or breached your employment contract, a Fort Collins employment law attorney can help assess the merits of your case and guide you through legal proceedings.
• Are you experiencing discrimination in the workplace? If you have experienced unfair treatment based on protected characteristics such as race, gender, age, disability, religion, national origin, or sexual orientation, an employment lawyer can advocate for your rights and file a discrimination claim on your behalf.
• Are you being harassed or working in a hostile work environment? If you are subjected to ongoing harassment or work in an atmosphere that negatively impacts your well-being due to offensive comments, behavior, or actions by colleagues or supervisors, consulting with an employment law attorney in Fort Collins is crucial to understanding how to address the situation legally.
• Are there wage and hour disputes? In cases where there are discrepancies regarding overtime pay, minimum wage violations, unpaid wages, or commissions owed to you by your employer, an employment law attorney can help pursue claims for proper compensation under applicable labor laws.
• Are you attempting to negotiate or renew an employment contract? When entering into a new job position involving complex contracts like non-compete agreements, severance packages, or executive compensation plans, a Fort Collins attorney can provide guidance on the terms and ensure your rights are protected.
• Has there been FMLA or ADA violations? If you believe your employer has violated your rights under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA), an employment law lawyer can help navigate these intricate laws and assist in filing a claim.
• Are you a whistleblower? If you have exposed illegal activities within your workplace and subsequently faced retaliation for doing so, an employment lawyer can help protect your interests by pursuing legal remedies available to whistleblowers.

When should I hire a Fort Collins employment law lawyer?

The best time to hire a Fort Collins employment law lawyer will vary depending on the specific circumstances of your case. However, it is generally advisable to consult with a Fort Collins attorney from Bachus & Schanker as early as possible when you believe there may be an issue or potential legal dispute arising from your employment. Additionally, you should consider consulting with one of our employment law lawyers if you have questions or concerns about your employment rights.

Sources:

CRS 24-34-402. (2023).

2023 Colorado State Minimum Wage. (2023).

Your Employment Rights Under the Family and Medical Leave Act. (2023).

Related Employment Law Resources