Aurora Employment Lawyer Protecting Your Colorado Employee Rights

In Colorado, jobs may be considered “at-will,” meaning the employer can fire the employee at any time, with or without giving a reason. If the termination was illegal or tied to discrimination, retaliation or another unfair reason, the employee may have a right to hold the employer accountable.

Kishinevsky & Raykin, Attorneys at Law, offers knowledgeable and compassionate legal representation in employment and other areas, backed by decades of experience. With a diverse background and multilingual services, we serve Aurora and Colorado’s legal needs effectively.

Exceptions To Colorado’s At-Will Employment Explained

Colorado, like America in general, is an at-will employment state which means employees may be fired for just about any reason. Nevertheless, there are exceptions to the general rule of at-will employment, and these include:

1. Contractual limits: Employees may enter into contracts – which may be oral or written, or express or implied – that prevent employers from dismissing them. This is why employers have to be very careful about how they conduct themselves with employees, since they may find that they inadvertently enter into a contract with an employee when they did not intend to.
2. Statutory limits: Colorado laws protecting private workers from termination are relatively few, but public workers generally enjoy more protections.
3. Public policy exception: This prohibits an employer from firing an employee who refuses to perform an act that violates a law at the request of the employer.
4. Tort claims: “Tort” generally refers to a type of personal injury. Tort claims in employment law can be based on failure to act in good faith and with dealing, outrageous conduct, fraud or misrepresentation, defamation, interference with contract or prospective business advantage, and invasion of privacy.

What Types Of Employment Law Issues Can Employees File A Claim Against An Employer About?

Colorado employees may have a valid legal claim if any of the following employment issues apply:

• Wrongful termination: The employee was fired for reporting illegal activity, taking FMLA leave or because of their race, gender, religion or other protected trait.
• Discrimination in the workplace: Treated unfairly, denied promotions or excluded due to their age, disability, national origin or other protected class.
• Harassment: Subjected to verbal abuse, sexual advances or a hostile work environment that makes it difficult to do their job.
• Retaliation: Punished or demoted after reporting misconduct, filing a complaint or participating in an investigation.
• Unpaid wages or overtime: Not receiving the compensation they are legally owed under Colorado and federal wage laws.
• Contract disputes: Employers ignoring the terms of their employment agreement or misclassifying the employee as an independent contractor.
• Noncompete agreement issues: Facing unreasonable restrictions after leaving a job that violates Colorado’s updated laws.

We understand that these employment claims may financially and brand-wise, cause issues for the employer. Our employment law attorney team helps the business gather documentation and build a defense that protects their assets. We stand ready to help Colorado businesses against employment law claims.

What Is The Timeline For An Employment Law Claim In Colorado?

Every case is different, but most employment law claims against Colorado businesses follow a general timeline:

• Initial filing: If the employee is filing with the Colorado Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC), they typically have 180 days (or 300 days for federal claims) from the date of the incident.
• Investigation and discovery: After a claim is accepted, both sides exchange evidence. This phase can take four to six months, depending on the complexity.
• Pretrial and settlement talks: Mediation or early resolution may be attempted before trial. These negotiations usually take several weeks to a few months.
• Litigation and trial: If the case goes to court, it may take six to 12 months to receive a ruling or verdict.

Colorado law gives the employee limited time to act. These timelines underscore why prompt legal action becomes essential in employment law matters. Delays in seeking representation can result in lost evidence and missed deadlines for both sides, which can affect the compensation process. The sooner you connect with our knowledgeable employment law attorneys, the better prepared you will be to meet all mandatory deadlines, preserve evidence and tell your side of the story.

When You Need Experienced Legal Assistance, We Are Here

The employment lawyers at Kishinevsky & Raykin, Attorneys at Law, have stood with people from all walks of life in Aurora and throughout Colorado, helping them take back control professionally and personally. That is why we do not take shortcuts or give false hope – instead, we give you straight answers and real support. Call us at 720-863-4256 or use our online form to schedule your consultation. We will review the situation, then help you and your business understand all the options.