Navigating the workplace is a challenge. On the one hand, work is fulfilling, and in the best circumstances, you meet lifelong friends and mentors. Work has plenty of its frustrations, though. Sometimes the best remedy is just to disconnect from your job when you are not on the clock, to spend time on interests that do not directly relate to your work, or else scroll through social media posts about situations that resonate with your job-related frustrations, such as lack of work-life balance, high responsibility, low control bosses, or your love-hate relationship with your work spouse. Just laughing off the frustrations of work is not enough, though, when the problems at your job start to harm your pocketbook, or even your emotional state when you are not at work.
For problems like contract disputes, problems with your employer about wage theft or fair pay, or serious issues such as employment discrimination or employer retaliation, you need professional legal advice. The Boulder employee counseling lawyers at HKM Employment Attorneys LLP can help you exercise the rights granted to you under federal and state employment laws and represent you in legal disputes related to your employment.
Get Your New Job Started Right With an Airtight Employment Contract
Not everyone who works has an employment contract. In fact, most people who work in Colorado, like most people who work in other states, were hired on an at-will basis. If you are working for your job at will, it means that you have the right to quit at any time, and your employer has the right to fire you at any time. The employer does not even need a reason to fire you, with the caveat that the employer’s decision to end the employment relationship cannot be a matter of employment discrimination or employer retaliation.
These days, it makes sense to count your blessings if you are employed at all, regardless of whether the employment is at will or pursuant to an employment contract. If you have a contract, though, you truly have reason to celebrate. You might be so excited about your employment contract and all the job perks it promises that you sign it after reading it once quickly, but if you do this, you might be setting yourself up for costly legal problems in the future. Even if your employment contract looks better than your wildest expectations, you should read it carefully with an employment lawyer before you sign.
Likewise, if you already signed a contract, but now things are going wrong at your job, a Boulder employee counseling lawyer can also help you choose the best path forward and, if necessary, represent you in legal actions arising from a contract dispute. For example, if your employer has breached the contract, your lawyer can help you notify your employer of the breach and otherwise follow the dispute resolution provisions in your contract. If your employer notified you that you are in breach of your employment contract, your lawyer can help you repair the breach or else negotiate with your employer to amend the contract.
Help for Employees Facing Discrimination or Retaliation
With or without an employment contract, it is against the law for employers to discriminate against workers based on protected characteristics or to retaliate against them for engaging in legally protected activities. Protected characteristics are personal or demographic characteristics, such as race, age, sex, religion, national origin, sexual orientation, marital status, or disability. Protected activities are the exercise of legal rights, even when this inconveniences the employer. Examples of protected activities include complaining to regulators or law enforcement about misconduct by your employer, participating in investigations about employer misconduct, filing workers’ compensation claims if you get injured at work, or taking a leave of absence at work because of your own health problems or to care for a family member who needs your care, including but not limited to newborn or newly adopted children.
You can cite discrimination or retaliation if your employer takes an adverse action against you because of a protected characteristic or protected activity, respectively. Adverse actions can include anything from negative performance reviews to abruptly changing your schedule to termination of employment. If you are not sure whether what your employer did was an adverse action and whether it counts as discrimination, retaliation, or both, a Boulder employee counseling lawyer can give you clarity about the situation.
An Employment Lawyer Can Help You Get Fair Pay
Most employed people live paycheck to paycheck these days, even the ones with salaried jobs. If you get paid hourly, your situation is probably even more precarious. In Colorado, the minimum wage is $15.16 per hour, but there are plenty of exceptions. If you think your employer is falsely claiming that they have a legal exemption that lets them pay you less than $15.16 per hour, ask a lawyer.
Likewise, most employees are entitled to an overtime pay rate of 1.5 times their usual hourly wage for hours beyond the 40th that they work in a single week. Determining whether you are eligible for overtime pay is not always as clear-cut as it sounds, and sometimes unscrupulous employers try to exploit that ambiguity.
No matter the circumstances of your employment or how your job ended, your employer must pay you for the last pay period you worked. This is true even if you quit dramatically in the middle of a shift or if your employer fired you for egregious misconduct.
Reasonable Accommodations for Employees With Disabilities
If you have a disability, and you disclose this fact to your employer, your employer must provide reasonable accommodations. You and your employer should negotiate to find out which accommodations are adequate and feasible. An employment lawyer can help you request accommodations and represent you during the negotiation process.
Contact HKM Employment Attorneys, LLP, About Employee Counseling
The Boulder employment lawyers at HKM Employment Attorneys, LLP, can counsel you about legal issues at your workplace. Contact the employment lawyers at HKM Employment Attorneys LLP in Boulder, Colorado, to set up a consultation.
