Employment law is an area of law that governs the relationship between an employee and their employer.

Some examples of common employment claims include an employer failing to pay owed wages or benefits, an employer making employment decisions based on an employee’s protected classes or in retaliation for their protective activity, an employer denying a pregnant employee or a disabled employee a reasonable accommodation, a supervisor sexually harassing their subordinates, or an employer interfering or retaliating against an employee for using protected medical leave, such as FMLA.

Damages will vary based on the facts of a case but can include lost wages and benefits, front pay if the employee was wrongfully terminated, liquidated damages, emotional pain and suffering, punitive damages, as well s attorneys fees and costs. Different claims have different restrictions on what damages may be recovered so it is important to talk to an attorney about what damages you may be entitled to receive as part of your claim.

Federal law recognizes race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, and genetic information as protected classes that an employer cannot consider when making employment decisions. Colorado state law recognizes all of these protected classes but also expressly recognizes creed, gender identity and gender expression, ancestry, and marital status in addition to the classes recognized by federal law.

Protected activity is workplace activity where an employer cannot take adverse action against the employee for participating in the activity. Protected activity may include taking protected medical leave such as FMLA or worker’s compensation, filing a complaint with the EEOC or CCRD, sharing wage information (in Colorado), or filing a request for reasonable accommodation for a disability. If an employer takes adverse action against an employee for engaging in protected activity then that employee may have a claim.

If an employer believes there has been a violation of an employer policy or law, they may conduct an internal investigation to better understand what happened and what their liability may be. This includes talking to employees involved in the alleged violation and reviewing relevant company policies. The investigator then issues findings to help the employer make appropriate decisions, such as whether to discipline or terminate employees that violated company policy or law. If you are the subject of an administrative investigation you may want to speak to an employment attorney before you participate in the investigation as it could impact your employment.

The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with enforcing federal employment discrimination laws. The Colorado Civil Rights Division (CCRD) is the state division tasked with enforcing state employment discrimination laws. Before an employee can file a lawsuit against an employer for unlawful discrimination, they must follow a complaint with the appropriate agency and allow the agency a chance to investigate the claim. More information about each agency can be found here:

EEOC: https://www.eeoc.gov/

CCRD: https://ccrd.colorado.gov/

It is generally not against the law for an employer to be rude and unfair to employees. Employment laws are not civility codes and there is no requirement that employers need to be fair or polite. However, if bullying and unfairness are motivated by an employee’s protected class or protected activity then that may be unlawful. Additionally, if there is a collective bargaining agreement or enforceable policies governing how an supervisor must treat their employees, then the employee may have recourse under the agreement or policy.

Colorado is an “at will” state which means an employer does not need a reason to terminate an employee. Even if the employer was mistaken or unfair in the decision to terminate an employee. But an employer cannot fire an employee based on their protected class or for engaging in protected activity. Additionally, if there is a collective bargaining agreement or enforceable policies governing when an employee can be terminated, then the employee may have recourse under the agreement or policy.

Labor law governs employee rights to collectively organize and create labor unions to bargain for wages, benefits, and workplace conditions with their employer through a collective bargaining agreement (CBA). 

The creation of unions is governed by the National Labor Relations Act (NLRA) which is governed by the National Labor Relations Board (NLRB). More information about how to create a union in your workplace can be found at their website:

https://www.nlrb.gov/

A covered employee is an employee that is covered under the terms of a CBA. A CBA may explain who is, and is not, a covered employee. The NLRA also provides guidance on who can and cannot be covered under a CBA.

Additionally, if there is a dispute on whether a particular employee is covered or not the CBA may provide a process the employee can follow to resolve the dispute.

Protected concerted activity (PCA) is when two or more employees take action for their mutual aid or protection regarding the terms and conditions of their employment. An employer cannot take adverse action against an employee for engaging in PCA.

No. In addition to possibly being PCA, Colorado law prohibits an employer from taking adverse action against an employee from discussing their wage rates with others.

Most CBAs include a dispute provision that provides a process to enforce the terms of a CBA. However, some CBAs only allow the union to start the dispute process, instead of a sole employee, and so it is important that you read your CBA carefully.

If you need help understanding the terms of a CBA, or a dispute process, you should contact a labor attorney.

Many CBAs provide that an employer may only discipline or terminate a covered employee for just cause, meaning there was a just reason for taking the action. Whether or not there is just cause to discipline or terminate a covered employee is a usually seven-part test that will depend on many factors and the terms of the CBA. If you believe that you were disciplined or terminated under a CBA without just cause you should contact a labor attorney.

A CBA negotiation is when the union and the employer conduct formal discussions about the terms of the CBA. If this is the first CBA between the union and the employer the discussions will include what topics the CBA will cover and the provisions that will be included. If there is already a CBA then the discussions will include what changes will be made to provisions of the CBA. There are many requirements and processes that govern a CBA negotiation, including the negotiation, ratification of the agreement, and mediation or arbitration to resolve disputes that arise during the negotiations.

Most disputes that arise under the CBA, such as whether there is just cause to discipline an employee, will ultimately be resolved through arbitration. Arbitration is when the union and the employer agree upon a third party neutral who will act as a judge regarding the dispute. Arbitration is very similar to the litigation process and may include deposing witnesses, preparing legal motions and briefs, and having a trial on disputed facts. The decision of an arbitrator is usually given the same force and effect as an order of a judge.

Generally a union has a duty of fair representation for all covered employees, including the duty that the union act fairly, impartially, and without discrimination when pursuing a workers’ grievance or negotiation on behalf of covered employees. If you believe your union is not following their duty of fair representation you should talk to a labor attorney.

Civil rights are personal rights guaranteed by either the United States Constitution, State Constitution, or state and federal law.

Civil rights cover a wide variety of claims but may include government programs and services that discriminate against citizens based on their disability, race, gender, or other protected classes. They may also include government action that violates an individual’s First Amendment right to speech or religious association. Other common civil rights claims are when police officers unlawfully arrest or search an individual, or when an incarcerated individual is subject to cruel and unusual punishment. If you believe you have experienced a violation of your civil rights then you should contact an attorney.

The United States Constitution, itself, does not allow an individual to bring a private action against the government for a violation of an individual’s constitutional rights. However, Congress passed 42 U.S.C. § 1983 that allows an individual to bring a lawsuit under § 1983 against government officials who violate an individual’s constitutional rights.

Who can be sued under 42 U.S.C. § 1983 is a very complex inquiry. Generally, the state and federal government is immune to such claims but individuals acting on behalf of the state and federal government who violate constitutional rights may be subject to these claims. Additionally, local governments and school boards can be subject to 42 U.S.C. § 1983 claims if certain criteria are met. Who can be sued under 42 U.S.C. § 1983 is a very important question based on the specific facts of a case and so you should consult an attorney if you believe your constitutional rights were violated.

42 U.S.C. § 1983 allows for a wide variety of damages including actual damages, economic damages, emotional distress, pain and suffering, and attorneys fees and costs. Punitive damages may also be available in certain circumstances if a government official acted recklessly or with deliberate indifference when they violated an individual’s constitutional rights. You should consult with an attorney to determine what damages may be available to you in a 42 U.S.C. § 1983 claim as damages will depend on the facts and claims involved in the case.

An injunction is a court order requiring somebody to take specific action. In the context of a 42 U.S.C. § 1983 claim, a person whose constitutional rights are being violated may seek an injunction demanding the government stop the unconstitutional behavior. Injunctions are a very important and powerful remedy to redress unlawful government action.

Whether a law violates an individual’s constitutional rights is a very complex question that depends on numerous factors. These include whether the law causes actual injury to the individual, whether the individual has standing to challenge the law, whether the law is facially unconstitutional or being applied in an unconstitutional way, and what the government’s interest is in passing the law. If you believe that the government has violated your constitutional rights then you should contact an attorney.