Employment Discrimination
Denver Employment Discrimination Lawyers
You have the right to be free from employment discrimination, harassment, and retaliation in the workplace, whether it is based on your gender, sex, age, race, national origin or ethnic background, religion, disability or pregnancy.
If you can prove you have been damaged economically or emotionally, or if you have experienced wrongful termination, you may be able to bring suit against the person or business responsible.
Our attorneys recommend you document the behavior and notify management. If the discriminatory practice continues or you are terminated in retaliation for reporting the conduct, contact Elwyn F. Schaefer & Associates.
Wrongfully Withheld Wages
When you are terminated, the employer is required to pay your wages immediately. If you resign, your wages are due on the next regular payday. If your employer refuses to pay and offers no good faith legal justification, they may be liable to you for the wages, a penalty of 50 percent and, in some cases, reasonable legal fees.
Agreements Not to Compete
Agreements not to compete ("non-compete clauses") are generally considered void by the State of Colorado as a restraint of trade, although there are numerous exceptions. If you are considering signing such an agreement or have already signed one and want to determine its enforceability, Elwyn F. Schaefer & Associates can help you.
Family and Medical Leave Act Claims
The federal Family and Medical Leave Act requires certain employers to allow up to 12 weeks of unpaid, job-protected leave for eligible employees to care for a new child after birth or adoption, care for a family member with a serious health condition, or recover from a personal serious health condition.
If your employer has denied your FMLA leave request or retaliated against you for taking such leave, we can advise you of your legal options.
Workplace Defamation and Invasion of Privacy
As a general rule, documents — including e-mail — produced or received while on the clock are the property of the employer and are not considered private.
You may have a claim of invasion of privacy against your employer, however, if your medical or personal data is wrongly shared, your name or likeness is used without your permission, or if your private business is shared publicly by your boss or co-workers.
Employment-related defamation is language that exposes an employee to public scorn, hatred, ridicule or contempt. To be illegal in the workplace, the defamatory communication must be received by a third party and be understood as unfavorable to the employee. The employee must also prove personal damage.
Native Language Discrimination
Your employer can require you to speak English when it is part of your job duties, but they cannot forbid you from speaking in another language in the workplace - or discipline or fire you if you do so.
Americans with Disabilities Act (ADA) Claims
The federal Americans with Disabilities Act prohibits most private employers and all public employers from discriminating in hiring, promotion, termination or any job are on the basis of a disability. Employers are not required to hire or retain people who cannot perform the job, but they may be required to make reasonable accommodations for an employee's disability in order to enable that employee to perform the job duties.
If you are facing discrimination in the workplace, we are here to help. Contact Elwyn F. Schaefer & Associates for a free telephone consultation.
Elwyn F. Schaefer & Associates, P.C.
Colorado Employment Law and Discrimination Lawyers
1801 Broadway, Suite 550
Denver, CO 80202-3801
Map and Directions
Toll Free: (877) 851-2731 | Phone: (303) 586-2978
Fax: (303) 825-5460
The employment law attorneys of Elwyn F. Schaefer & Associates, P.C. in Denver, Colorado, represent clients throughout Metro Denver, including Boulder, Highlands Ranch, Centennial, Broomfield, Littleton, Aurora, Lakewood, Morrison, Evergreen, Golden, Denver County, Arapahoe County, Jefferson County, Adams County, Douglas County, and Weld County.
