When should I file a claim?

Colorado’s statute of limitations on filing a personal injury claim is two years. Colorado operates under the discovery rule, meaning that the clock starts ticking from the time the injury is discovered, not from when it initially occurred.

How can I prove negligence?

Colorado operates under the contributory negligence rule, which means that the person who injured you may file a counter-claim for damages if they believe that you, the injured, were also partially at fault.

When will the other person’s insurance contact me?

Colorado law stipulates that insurance is not allowed to contact you within 30 days of being injured. A release of liability, which is a statement that says you won’t sue the at-fault party for anything else, can’t be obtained by insurance within 30 days either.

Justice for You

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Grand Junction Employment Law Lawyer

As an employee, you are guaranteed certain rights of fair pay, equal opportunity and freedom from harassment and discrimination. While there may be variations in minimum wage, vacation time and termination policies from state to state, for the most part federal laws govern proper employment practices. However, an employer might sometimes attempt to not hold up their lawful end, and when that happens, the experienced employment law attorneys at Killian, Davis, Richter & Fredenburg, PC will ensure that all of your rights as an employee are upheld. If they aren’t, we will fight for fair compensation.

WHAT ARE COLORADO EMPLOYMENT LAWS?

Colorado’s minimum wage was set at $8.31 an hour at the start of 2016 ($5.29 per hour for tipped employees). The federal minimum wage still sits at $7.25 per hour. Very rarely do disputes happen with a certified company where an employee was not paid the lawful wage. Many cases come from accusations of discrimination, harassment and wrongful termination.

COLORADO WORKPLACE DISCRIMINATION LAW

The Colorado Fair Employment Practices Act deems it illegal for an employer to discriminate on the basis of race, color, religion, creed, national origin, ancestry, sex, age, sexual orientation, and physical or mental disability. An employee who feels their employer has violated this act can recover wage compensation and emotional damages, and the law applies to all businesses, even those with fewer than 15 employees.

To file a discrimination claim, it can be submitted to the state agency Colorado Civil Rights Division, or to the federal Equal Employment Opportunity Commission. If the employer has fewer than 15 employees, it would be filed with the state.

COLORADO SEXUAL HARASSMENT LAW

There are two types of sexual harassment that can occur in the workplace. Quid pro quo means the employee must submit to advances in order to receive a promotion or other benefit, and if they don’t, may be subjected to punishment. The other, hostile work environment, means that the employee is constantly subject to crude innuendo, jokes and other comments.

If either of these happen to you at work, it’s important to speak up. You can file claims anonymously, and you can either seek compensation for any lost wages or emotional damage, or punish the employer for their actions.

COLORADO WRONGFUL TERMINATION LAW

Colorado is an employment-at-will state, which means that the employee or employer can end the employment at any time for just about any reason, as long as it doesn’t violate the Fair Employment Practices Act. If you believe you were terminated as a result of discrimination, you would follow the same steps as you would for a discrimination claim. According to www.coloradoemployeerights.com, “wrongful discharge” refers only to a specific legal claim recognized by Colorado courts that permits employees to sue for damages where an employee is terminated for opposing conduct that is illegal or against public policy. Let us help you establish the difference.

If you feel you have been discriminated against or wrongfully terminated from your position at work, our team at Killian, Davis, Richter & Fredenburg, PC is well versed in employment law. We will fight for your rights as an employee. Come in for your free consultation, and we do not collect any attorney fees unless we win your case.