Employment Discrimination Lawyers

Whistleblower Reprisal • Invasion of Privacy
Family Medical Leave Act • ADA Discrimination

Elwyn F. Schaefer & Associates, P.C. of Denver, Colorado represents clients in fighting workplace discrimination and retaliatory terminations. We serve employment discrimination victims throughout the Metro Denver and surrounding areas, including Denver, Arapahoe, Jefferson, Adams, Weld and Douglas counties.

Age Discrimination • Gender Discrimination • Racial Discrimination
Disability Discrimination • Discrimination against Women

You have the right to be free from employment discrimination and/or retaliation in the workplace based on your gender, age, race, national origin or ethnic background, religion, disability or pregnancy.

If you can prove you have been damaged economically or emotionally, you may be able to bring suit against the person and/or business. 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.

Whistleblowing
If you believe you have been discriminated against or wrongfully terminated because you reported some form of illegal activity or refused to perform an illegal act for your employer, you may have rights and remedies against your employer.

We recommend you document your complaints and notify management or ownership. If the victimization continues, or you are terminated as a reprisal for your actions, you may wish to file suit against your employer. You may qualify for damages if you were injured economically or emotionally by the retaliation.

Wrongfully Withheld Wages
When you are terminated, the employer is required to pay immediately any wages and compensation. If you quit or 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 plus a penalty of 50 percent. If you are forced to start legal action to collect your pay and you win your case, you can also recover reasonable legal fees from the employer.

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.

However, they are recognized for: contracts for purchase and sale of a business; protection of trade secrets; recovery of expenses for training and educating the employee; contracts with executive and management personnel – and their staff.

If you are considering signing such an agreement or have already signed one and want to determine its enforceability, contact Elwyn F. Schaefer & Associates.

Family Medical Leave Act
The federal Family Medical Leave Act requires certain employers to allow up to 12 weeks of unpaid, job-protected leave for eligible employees.

Unpaid leave must be granted to:

• care for a new child after birth or adoption;
• care for a child, spouse or parent with a serious health condition;
• recover from a personal serious health condition.

If your employer has denied your FMLA leave request, or retaliated against you for taking such leave,contact Elwyn F. Schaefer & Associates.

Invasion of Privacy
The right to privacy is not as broad in the workplace. As a general rule, any documents – including email or faxes -- produced or received while on the clock are literally considered the property of the employer and are not protected.

You may have a claim of invasion of privacy against your employer if: medical or other personal data is shared with a third party who has no legitimate interest in receiving that information; your name or likeness is used without your permission; or your private business is shared publicly by your boss or co-workers.

Contact Elwyn F. Schaefer & Associates if you believe your privacy has been unlawfully invaded by your employer.

Workplace Defamation
Employment-related defamation is any language -- written or spoken -- 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, be understood as unfavorable to the employee and the employee must prove personal damage. To recover punitive damages, the employee must also prove the employer acted with malice. Contact Elwyn F. Schaefer & Associates.

Native Language
You cannot be fired or disciplined for speaking a language other than English at work. The employer can require you to speak English when it is part of your job duties, but they cannot forbid you from talking in another language in the workplace.  Elwyn F. Schaefer & Associates can help fight this type of discrimination.

Americans with Disabilities Act
The federal ADA legislation prohibits private employers with 25 or more employees (and all public employers) from discriminating against someone on the basis of their disability. It applies to hiring, promotion, retention and termination of disabled persons.

Employers are not required to hire or retain people who cannot perform the job, but they may be required to make reasonable accommodations for the disabled person to perform their job.

If you believe you were discriminated against for your disability, passed over for employment, or if your employer refuses to make accommodations for your disability, contact Elwyn F. Schaefer & Associates.

Elwyn F. Schaefer & Associates, P.C.
Colorado Employment Discrimination Lawyers
1801 Broadway
Suite 550
Denver, CO 80202
Phone: (303) 825-1961
Fax: (303) 825-5460

Denver, Colorado employment discrimination lawyers, Elwyn F. Schaefer & Associates, provide employment discrimination and wrongful termination representation for 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, & Weld County.

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