Employment Law

Employment law is everywhere and affects nearly every person at some point in his or her life.  This is what attracted Dave and Eleni to this area of law.  Dave and Eleni graduated in the top third of their class with Certificates of Concentration in Labor and Employment Law. They have had practical experience assisting small businesses and non-profits with employment related issues.  They also have acted as senior law clerks on multiple law suits against large national corporations who wrongfully terminated employees.  The most important thing to Dave and Eleni is protecting employees' rights that are guaranteed by state and federal law.  

Employees

The lawyers at Albrechta & Albrechta believe that employees are the driving force of the U.S. economy.  They strongly believe that employers have an obligation to treat their employees with the dignity and respect that they deserve.  While we live in an employment at-will state and country, employers still have legal obligations to their employees.  The lawyers of Albrechta & Albrechta will advocate aggressively for your rights as an employee.

Wrongful Termination (Have you been fired?)

Wrongful terminations happen more often than most people think, and many employees do not know their rights.  Many people wait until it is too late to contact a lawyer to pursue a claim.  Others simply do not know their rights and do not believe that they can take on a large employer.  The lawyers of Albrechta & Albrechta have worked on cases involving multinational corporations, national companies, and large-scale local employers.  

If you believe you have been wrongfully terminated or discriminated against by your employer for any of the following reasons, please contact our office today:

  • Pregnancy;
  • Race;
  • Color;
  • Creed
  • Gender;
  • Disability;
  • Age;
  • Religion;
  • Sexual orientation;
  • Ethnicity; or
  • National Origin.

Harassment or Hostile Work Environment

State and Federal laws protect employees from harassment at work which can lead to a hostile work environment.  If you are being harassed by a supervisor or co-worker call our office immediately.

Unemployment Insurance

If you have been terminated without just cause you may be eligible for unemployment insurance (UI).  While the initial proceedings of obtaining UI are fairly simple, if your former employer appeals a favorable decision, or if you want to appeal a unfavorable decision, it may be beneficial to hire a lawyer to represent you during the administrative proceedings.  If you have any unemployment insurance questions or concerns, please do not hesitate to contact Albrechta & Albrechta.

Overtime and Fair Wages

The Fair Labor Standards Act (FLSA) is a federal law that protects your right as an employee to be fairly compensated for work performed.  If you worked overtime and were not paid, or if you were not compensated fairly for work performed, you may have a claim.  Contact Albrechta & Albrechta today for your consultation with an attorney to review your case.

Employers

Employers do not have it easy.  In addition to running a business, they also have to navigate minefields of rules and regulations.  Albrechta & Albrechta is here to give employers the knowledge and understanding they need to make decisions that have the best chance of avoiding costly litigation or administrative fines and penalties.  Hiring legal counsel to assist in tasks that might seem simple or irrelevant can help avoid lawsuits or penalties.  And if litigation does occur, having used legal counsel for such employment decisions can make a big difference in the defense or settlement of legal claims against a company.  The lawyers of Albrechta & Albrechta are here to assist companies in these matters. 

Employee Handbooks

The lawyers of Albrechta & Albrechta have assisted small businesses in building employee handbooks that correctly apply the law in plain english.  This allows employees, HR directors, managers, and others to have a clear understanding of the employer's employment policies.  This can be crucial to avoid litigation and ensure that employees understand their responsibilities to their employer.  For example, employee handbooks should provide clear and reasonable methods of reporting incidents and the process and details for disciplinary actions.  These two items alone may prevent misunderstandings and disputes that often lead to litigation.  

Employee Misclassification

In Colorado, employee classification has become a hot button issue for the Colorado Department of Labor and Employment (CDLE).  Employers who have not been audited and have employees who are classified as independent contractors should consider getting a legal opinion from an employment law attorney to ensure that their classification is accurate according to the laws of the state, the IRS, and federal statutes.  CDLE conducts audits of small businesses to inspect their employee classification.  Misclassification can result in costly and time consuming audits, administrative law proceedings, and possible fines.  Call Albrechta & Albrechta for a consultation to discuss this issue.

Employee Related Decisions

The decision to terminate an employee is one of the most difficult decisions employers have to make.  Consulting an employment law attorney before making the final decision can bring peace of mind to this difficult decision.  Likewise, dealing with an HR related issue at your business can take up time, money, and energy that is better spent running your business.  Consulting with an attorney can help you save time and give you peace of mind in your ultimate decision.  Most importantly, it can help you avoid costly litigation, or give you a good defense against allegations.  

Marijuana in Employment Law

On June 15, 2015 the Colorado Supreme court ruled on its first marijuana related case, Coats v. Dish Network, LLC, 2015 CO 44 No. 13SC394.  At issue in this case was whether a Colorado licensed medical marijuana patient could use marijuana outside business hours and still be fired if the substance shows in a drug test.  The Colorado Supreme Court upheld Dish Network's ability to fire its employees because marijuana showed up in a drug test.  This case highlights some of the major gray areas of Colorado marijuana law.   At this point, many questions still remain, but it is legal for a Colorado employer to terminate an employee who fails a drug test because of licensed marijuana use.  This is still a case-by-case issue, and you should seek legal counsel if you believe you have been wrongfully terminated.  

Other Employment Issues

This page is not exhaustive of the many employment related issues that may arise in the workplace.  If you are an employer or an employee with questions about employment law, please contact Albrechta & Albrechta today.  Our lawyers are ready to assist you with all of your employment law needs.