Employment Law Attorneys at Bachus & Schanker, LLC
At Bachus & Schanker, LLC, Our Passion is Justice. We believe that workers deserve quality legal representation.
Taking legal action against your employer can be intimidating. Our team of aggressive trial attorneys level the playing field in the fight to protect your rights. We do not shy away from a fight, and neither should you! It is illegal to fire, demote, harass, or otherwise “retaliate” against applicants or employees because they have filed for workers’ compensation or FMLA, or complained of discrimination, sexual harassment, or unfair pay to their employer or other covered entity, or participated in a proceeding (such as an investigation or lawsuit) based on such conduct.
Our firm offers state-of-the-art facilities with a mock trial courtroom, and our seasoned team of employment law attorneys have significant experience in state and federal trial courts throughout the United States in cases related to employment matters, discrimination, and a wage and hour claims across all industries and occupations.
Have you been sexually harassed or discriminated against at work? Have you reported or opposed your company doing something illegal and they terminated you for your report? Terminated or demoted because of your age, race, religion, national origin, sexual orientation, disability or gender? Or for taking Family Medical Leave or for filing workers’ compensation? Have you been treated unfairly because of an injury or condition? Or not paid wages or overtime due under the law? Have you been subjected to racial slurs or disparate treatment at work? There is legal recourse to protect your rights, but keep in mind there are often strict time frames in which you must do so.
Contact our Employment Law Attorneys at Bachus & Schanker, LLC today.
Both Title VII of the Federal Civil Rights Act of 1964 and Colorado law forbid different or unfavorable treatment in hiring, promotion, discharge, pay, benefits, training, and more based on certain “protected classes,” including race, skin color, national origin, gender, disability, religion, age, sexual orientation [e.g. identification as LGBTQ or LGBTI.] On the other hand, even favorable treatment, like higher pay, for individuals based on these same classes is against the law because equality demands equal pay.
The Pregnancy Discrimination Act (PDA) amended Title VII of The Civil Rights Act of 1964 prohibits discrimination because of pregnancy, childbirth, or related medical conditions. Women who are pregnant or are affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Likewise, a nursing mother who needs designated times and a designated place for pumping cannot be treated unfairly for doing so.
Under, the Family Medical Leave Act (FMLA), eligible employees can take leave for certain family and medical reasons (e.g. caring for a spouse, new baby, child (ren), parent, or service members with a medical condition).
The law also protects those with disabilities. Under the Americans with Disabilities Act (ADA) and Colorado law, it is illegal to discriminate against an employee based on his or her disability.
Sexual Harassment at Work
Sexual harassment is a serious issue and is not limited by industry or occupation. The negative impacts of sexual harassment can extend from someone’s job to serious health and medical conditions because of the pressure and stress created by such situations. Often, individuals experiencing sexual harassment leave their positions because of the overwhelming impact on their lives, even though walking away from their job was otherwise unwarranted simply to avoid being blamed for their reaction to such harassment or the harassment itself. At Bachus & Schanker, we hold the employers who have allowed or condoned inappropriate sexual conduct and harassment responsible because no one should have to be subjected to sexual harassment under any circumstances, especially in the workplace.
Wrongful Termination and Employment Discrimination Discharge
In Colorado, it is illegal for an employer to terminate employment if the employee is:
- Subjected to employment-based discrimination;
- Retaliated against for opposing illegal practices of their employer;
- Terminated for filing workers’ compensation, serving on a jury, or reporting for military service;
- Terminated or discriminated against because they take FMLA leave;
- Experienced Wage Theft: Not being paid proper wages and overtime; and
- erminated without cause when the employment contract requires a specified reason.
Wage & Hour Disputes and Violations
Getting paid properly for your time and work is your right. Have you experienced wage theft? Been refused overtime pay? Been forced to work off the clock or denied pay for lunches and breaks you did not receive? Is your employer refusing to pay you for travel time between job sites? Are you being required to change into and out of employer issued clothing without pay? If you are working 24-hour shifts, are you being compensated for the full 24 hours if you do not receive 5 hours of uninterrupted rest? Is your employer paying you minimum wage or deducting your tips? Our team can help you assess your eligibility for overtime pay.
If your employer is not paying you what is due, you may have a claim under the Fair Labor Standards Act (FLSA) or the Colorado Wage Act. If you are owed straight time or overtime pay, you may be entitled to more than just reimbursement for back wages. You may also be entitled to monetary penalties, as well as attorneys’ fees and costs.
What is an overtime violation under the Fair Labor Standards Act?
- Off the clock work
- Failure to pay for at home work, on call time, or short daytime breaks
- Misclassified as exempt from overtime pay when you should receive it
- Averaging hours over two work weeks
Contact our Employment Law Attorneys at Bachus & Schanker, LLC today if you feel you have been short-changed or improperly paid. There are deadlines for you to pursue your Wage and Hour claims, so contact our experienced attorneys today for a consultation about your potential case.