Wrongful termination is an unfortunate reality that can disrupt lives and careers. In Denver, as well as the broader state of Colorado, there are specific laws designed to protect employees from unfair dismissal. Understanding what constitutes wrongful termination is essential for any employee who feels they were dismissed unfairly.
Legal Framework for Wrongful Termination in Denver
In Colorado, most employment relationships are “at-will.” This means that employers can terminate employees for nearly any reason—or no reason at all—without facing legal repercussions. However, this does not give employers unrestricted power. There are critical exceptions to the at-will doctrine that make certain types of terminations unlawful.
Wrongful termination occurs when an employer violates state or federal laws, breaches an employment contract, or dismisses an employee for reasons that go against public policy. For instance, firing someone because of their race, gender, age, religion, disability, or other protected characteristic is strictly illegal. Additionally, employees are shielded from retaliation if they report misconduct or exercise their legal rights, such as taking family leave or requesting accommodations for a disability.
Federal laws like the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) set a baseline for employee protections. Colorado also has its own employment laws that expand on these protections, ensuring that workers in Denver and throughout the state have avenues for recourse if they are wrongfully dismissed.
Common Examples of Wrongful Termination
To better understand what wrongful termination looks like, let’s examine some real-world scenarios where an employee’s dismissal might be deemed unlawful:
Discrimination: Employers cannot terminate employees based on characteristics protected by law, such as race, sex, age, or religion. For example, dismissing an older worker in favor of a younger, less experienced candidate could be seen as age discrimination.
Retaliation: If an employee reports unsafe working conditions, files a harassment claim, or acts as a whistleblower to expose illegal activities, their employer cannot retaliate by firing them. Retaliatory termination is a common basis for wrongful dismissal claims.
Violation of Protected Leave: Employees who take leave under the FMLA or require accommodations under the ADA are protected by law. Terminating an employee for utilizing these rights is prohibited.
Breach of Contract: If an employer dismisses an employee in violation of the terms outlined in an employment contract, the termination may be deemed unlawful. Contracts that specify conditions for termination must be adhered to.
Public Policy Violations: Employees cannot be fired for refusing to engage in illegal activities or for exercising a right recognized by public policy, such as serving on a jury or voting.
How Denver’s Employment Laws Define Wrongful Termination
Denver residents benefit from both federal and state protections against wrongful termination. In addition to federal laws, Colorado has specific statutes addressing issues such as wage theft, workplace safety, and whistleblower protections. For example, the Colorado Anti-Discrimination Act (CADA) provides robust safeguards against workplace discrimination.
In some cases, local laws offer even greater protections than federal statutes. For instance, Colorado’s Equal Pay for Equal Work Act requires transparency in pay practices, and violations may lead to termination disputes if an employee is dismissed after raising concerns about wage discrimination. Understanding these laws is critical for employees who feel they were unfairly treated.
Employers in Denver are expected to follow not only federal guidelines but also the nuanced requirements of Colorado employment law. Ignorance of these rules is not an excuse, and employees who suspect their rights were violated should not hesitate to take appropriate action.
Steps to Take If You Suspect Wrongful Termination
If you believe your dismissal falls into one of the categories described above, there are several steps you can take to protect yourself and seek justice:
Review Your Employment Contract: If you had a formal employment agreement, carefully examine its terms. Contracts often outline specific reasons for termination and procedures that must be followed.
Document Everything: Gather evidence related to your termination, including emails, performance reviews, and any communications with your employer. Detailed documentation can strengthen your claim.
Consult a Legal Professional: Employment attorneys specialize in wrongful termination cases and can provide critical guidance. They will assess the facts of your case and help you understand your options.
File a Complaint: Depending on the circumstances, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC), the Colorado Civil Rights Division (CCRD), or another relevant agency.
Seek Compensation: If your case is successful, you may be entitled to compensation for lost wages, emotional distress, and other damages. Your attorney can help you pursue the appropriate remedies.
Acting quickly is essential, as there are strict deadlines for filing complaints and taking legal action. Delays could impact your ability to pursue your claim.
Why Wrongful Termination Protections Matter
The legal protections against wrongful termination are crucial for maintaining fair and ethical workplace practices. Employees who feel secure in their rights are more likely to report misconduct, stand up against discrimination, and advocate for better working conditions. These laws also hold employers accountable, ensuring that businesses treat their workers with respect and integrity.
Denver’s employment laws aim to create a balance of power in the workplace, preventing employers from exploiting their authority. By protecting employees from wrongful termination, these laws contribute to a healthier and more equitable work environment for everyone.
How an Employment Attorney Can Help
While understanding your rights is the first step, navigating the complexities of employment law can be overwhelming. This is where an experienced attorney can make all the difference. An employment lawyer can evaluate your case, explain your options, and represent your interests in legal proceedings.
For instance, if your employer claims your dismissal was performance-related, an attorney can help you gather evidence to prove otherwise. They can also negotiate on your behalf to secure a fair settlement, ensuring you receive the compensation you deserve.
Contact Downey & Associates Today if You’ve Been Wrongfully Terminated
If you suspect your termination was unlawful, don’t wait to take action. Every day that passes could make it harder to build your case or recover damages. Start by reaching out to a trusted legal professional who can help you understand your rights and guide you through the process of seeking justice.Our employment law attorneys specialize in helping employees with wrongful termination claims. If you have questions or believe your rights were violated, contact us today. We are committed to providing the personalized support and expert guidance you need to protect your interests.
Both Uber and Lyft must feel a bit vulnerable following a decision by Washington’s Supreme Court decision to allow the government to disclose data on what Seattle neighborhoods they serve. The ruling overturns a lower court’s decision to grant an injunction that sided with the transportation companies right to keep data secret.
The state Supreme Court, while agreeing that the data qualifies as trade secret material, sent Uber and Lyft back to the lower court, where they must now prove that public disclosure of their data is “clearly not be in the public interest and would substantially and irreparably damage a person or a vital government interest.”1 If Uber and Lyft cannot prove their case in the lower court, they’ll both lose trade secret status for their data.
Details, Claims and Allegations Surround the Ride-Share Trade Secret Case
The following details, claims and allegations surrounding the ride-share trade secret case were gathered from recent news reports:2
Following a previous legal dispute, Uber and Lyft both provided the city of Seattle with ride-sharing data, including zip codes from their driver and passenger databases.
Seattle requires this information to determine if there are underserved areas in the city for this kind of transportation service. This information was requested to evaluate the city’s infrastructure, transportation system, traffic congestion and other transportation issues.
After receiving notice of request for the information, Uber sought a state court injunction after establishing that the data was a trade secret.
That case was then appealed to the state Supreme Court.
On May 31, the Supreme Court overturned the lower court decision and found the records were not protected from public disclosure.
According to the Supreme Court, companies are required to meet more rigorous standards to protect data from being released to the public.
One of the dissenting opinions mentioned the importance of “express and robustly protective trade secret language.”
What’s Next for Uber and Lyft?
We’re not sure ourselves, but their legal teams might start looking at some legal precedents to apply in their next appeal, if any are made. What this case does do, however, is wake up small businesses and growing companies of the governmental bureaucracy at work. They should especially be wary of having to submit information deemed proprietary or trade secrets in nature.
Contact a Denver Trade Secrets and Intellectual Property Lawyer at Downey & Associates, PC
Did you have an employee or contractor steal company trade secrets? Or are you being asked to provide information to a government agency with material your company deems proprietary and company trade secrets? Then contact the Denver Trade Secrets and Intellectual Property Lawyer with Downey & Associates, PC. We specialize in helping clients with sensitive legal matters involving intellectual property law. To schedule an appointment, call us today at 303-643-9399 or send us an e-mail.
1“Uber and Lyft May Have to Disclose Seattle Data They Claim Secret, Supreme Court Rules” published in The Seattle Times, June 2018.
2“Ride-Sharing Services Lose Latest Trade Secret Battle” published in Labor Employment Perspectives, June 2018.
Have you ever wondered how safe your current (or a prospective) workplace really is? Well, the U.S. Occupational Safety and Health Administration (OSHA) has recently enacted a new compliance measure, requiring roughly 750,000 employers (which operate about 1.5 million workplaces) to submit detailed annual reports regarding work-related injuries and illnesses online as of 2017. This new rule is reportedly set to take effect this month.
The New OSHA Rule: A Look at the Details & Requirements
According to the new OSHA reporting rule, businesses that have more than 250 employees and/or at least 20 employees in high-risk positions are required to file these online reports every year.
The new rule also includes provisions stipulating that:
Employers that try to retaliate against “whistleblowers” or employees who report employers' violations of OSHA requirements will be subject to penalties.
Reporting safety data to OSHA will only have to occur on an annual basis (rather than a quarterly basis).
Prior to making any employer report available online, all sensitive and personal information will be stripped or blacked out of these reports.
States that have their own occupational safety and health laws must incorporate “substantially identical” requirements for online injury and illness reporting. These measures must be adopted within six months.
Pros and Cons of Reporting Workplace Injuries and Illnesses
OSHA officials are hopeful that this new reporting rule will improve workplace safety across the U.S. - and enhance employers' compliance with OSHA regulations (due to the increased transparency).
There are, however, various critics of this rule. These critics contend that:
The new rule for publishing workplace injuries and illnesses online would lead to public shaming of employers and blame for injuries, illnesses or accidents that are sometimes out their control.
Data on injuries and illnesses is already being tracked by companies and shared with OSHA during regular inspections or surveys.
The new rule could bring new (and more) enforcement actions against employers, which could, in turn, impact company wellness incentive programs and drug-testing policies for injured workers.
Opposing these critics, labor unions and organizations generally embrace the new rule. As Christine Owens, executive director at the National Employment Law Project, has explained:
More than 4,800 workers were killed on the job in 2014; almost 3 million more suffered serious injuries... This is an unconscionable toll of workplace disease and death for a 21st-century economy, and OSHA must do all it can to improve the safety and health of America’s workers.
For experienced, effective representation in an employment law or other business dispute, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC have been providing exceptional representation for various business legal issues, including those related to OSHA compliance issues, contract negotiations, and corporate governance issues.
Our dedication to our clients, coupled with our extensive experience handling complex matters of corporate and real estate law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
Call our Denver business attorney today at (303) 813-1111, or email our firm using the contact form on this page.
From law offices based in Centennial, we serve clients throughout Colorado and the U.S.
Zillow is set to pay $130 million in one of the most contentious online real estate cases in history. Zillow has agreed to settle with Move, which operates Realtor.com for the National Association of Realtors (NAR), according to a Securities and Exchange Commission filing.
As the settlement agreement explains:
It is understood and agreed that this is a compromise settlement of disputed claims and counterclaims and potential disputed claims and counterclaims... This settlement agreement is solely the result of a good faith compromise and settlement between the parties. Nothing contained herein is or is to be construed as an admission by any of the parties of liability, wrongdoing, or responsibility, and the parties deny any such liability or wrongdoing and continue to disclaim such responsibility.
A Look at the Allegations & Details of the Case
The following details were gathered from news reports and the Securities and Exchange Commission filing:¹
Move had alleged that Errol Samuelson, former Move chief strategy officer, stole proprietary information and trade secrets, before going to work for Zillow in 2013.
Move claimed Zillow owned it approximately $2 billion in damages.
Move originally sued Zillow after CSO Samuelson resigned from Move on March 5, 2014 and joined Zillow as the second highest paid executive on the very same date.
The lawsuit alleged breach of contract, misappropriation of trade secrets, breach of fiduciary duty, and accused Samuelson misappropriated stolen trade secrets.
Move further alleged that Zillow attempted to cover up the theft.
The NAR will receive 10 percent of the settlement amount after Move’s litigation costs and fees. Move will receive the remainder of the settlement.
The lawsuit later added another former Move member, Curt Beardsley, who is now Zillow’s vice president of industry development.
All parties agree to dismiss all claims and counter claims, per a separate SEC filing by Zillow. In the filing, Zillow disavows any wrongdoing or admission of liability in the settlement.
“We are pleased to have reached an amicable resolution of this litigation,” Move said in a statement. “We look forward to putting the matter to rest and returning our full focus to simplifying the real estate process for consumers and the real estate professionals who serve them.”
If you have a real estate deal that needs legal representation or you have a business dealing that needs litigation, you can count on Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their real estate legal issues, litigation, and property taxes.
Our dedication to our clients, coupled with our extensive experience handling complex real estate matters, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
1“Zillow to pay $130M to settle lawsuit with Move over alleged trade secret theft” published in Housingwire, June 2016.
Employee handbooks can be essential to establishing good, lasting employer-employee relationships. While employee handbooks can cover a lot of issues, however, the following are generally the most important topics to details in these handbooks:
General employment info – This should provide an overview of the business, along with general employment policies, such eligibility for employment, employee records, probationary periods for employment, and disciplinary/termination procedures. If employees for a business are usually unionized or if they are commonly foreign workers, including specific information for these types of employees in this section is also generally advisable.
Standards of conduct for employees – This aspect of employee handbooks should generally outline the dress and ethics codes for employees, as well as policies regarding schedules, attendance, punctuality, telecommuting etc. If a business is subject to specific regulations or ethical rules, these should also be explained in this part of the handbook.
Workplace anti-discrimination and anti-harassment policies – If a business’ policies different from state or federal laws in any way, the differences should be explained in detail in the employee handbook. As part of this section, it’s also important to discuss reporting options for employees, as well as the general investigative procedures the business will use to look into discrimination- and/or harassment-based complaints.
Safety & health issues – This aspect of employee handbooks should discuss how a business is compliant with the applicable OSHA regulations. It should also explain how employees are supposed to report work accidents, workplace safety hazards, etc.
Employee compensation and benefits – With this section of employee handbooks, details regarding deductions for taxes, voluntary deductions for benefits and eligibility for overtime pay should be explained. Additionally, this aspect of employee handbooks should outline how and when performance reviews, salary increases, bonuses, etc. are administered (or available) per the company’s policies, as well as the various benefit programs offered by the company.
Leave policies – This section should detail policies regarding family medical leave, military leave, and leave for any other reason, explaining how these policies are compliant with state or federal law.
Developing Employee Handbooks: More Important Tips
Before issuing an employee handbook, having a lawyer review the provisions of the handbook for compliance with the applicable laws and regulations is advised. This can minimize future liabilities for business owners.
Reviewing an employee handbook on a regular basis – or whenever a business experiences a significant change – is also strongly advised, as this can ensure the employee handbook covers all necessary topics and issues appropriately and accurately.
Contact Denver Business Lawyer Thomas E. Downey
For experienced help forming a business or resolving any business legal issues, contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses throughout the U.S. with the highest level of legal service for their litigation, property tax and business legal issues.
To learn more about our various services and how we can assist you, call us at (303) 813-1111 or email us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
When hiring staff to run a business, owners and managers can choose to take on their new hires as either employees or contract workers. Understanding the difference between these two types of staff can be crucial in appropriately classifying workers and, in turn, avoiding potentially costly disputes in the future.
What is an ‘Employee’?
In general, workers who are employees will be those who:
Carry out labor or tasks that are controlled by others
Are trained to carry out the labor associated with a specific position
Are employed by only one employer.
According to the U.S. Department of Labor (DOL), which released guidelines for determining whether workers are employees versus independent contractors earlier this year, “most workers are employees under the FLSA [Fair Labor Standards Act].”
What is an ‘Independent Contractor’?
In contrast, workers who are generally considered to be independent contractors will be those who:
Have their own employees
Operate under a business name or entity and/or advertise their professional services
Have a business bank account
Work for multiple parties (or clients)
Set their own hours and have their own tools
Maintain their own business records.
Why the Right Classification Matters: Limiting Business Liability
While businesses of any size can benefit from staffing a mix of employees and independent contractors, appropriately classifying each staff member, based on the nature of his labor (and the factors noted above), is essential.
This is because, when businesses misclassify workers – hiring them on as independent contractors instead of employees, they can be sued by the misclassified workers.
And when these lawsuits result in wins for the misclassified workers, businesses can be ordered to compensate workers for their:
Back pay, such as past overtime wages they never received
Back benefits, such as health care and retirement benefits
Attorneys’ fees
Other damages (if incurred as a result of the misclassification).
Punitive damages may also be awarded in some worker misclassification cases.
Contact a Denver Business Attorney at Downey & Associates, PC
For experienced help resolving any business legal issue, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, property tax and real estate legal issues.
To find out more about our services and how we can assist you, contact our firm today by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Protecting Trade Secrets in Non-Employee Relations
To prevent non-employees from exploiting your businesses trade secret(s), develop:
Internal company security measures – First and foremost, there should be some standard operating procedures for how a company’s trade secrets will be preserved, who is responsible for this oversight and what actions will be taken to enforce these measures. Generally, such security measures can include (but are by no means limited to):
Process(es) for appropriately marking, storing and handling trade secret materials in order to maintain/protect their confidential nature
Process(es) for establishing and verifying access to trade secret materials
Process(es) for granting and providing access to trade secret materials
Process(es) for reminding/retraining employees on how to maintain trade secret(s)and their responsibilities for doing so
Process(es) for destroying extra/unneeded/outdated copies of trade secret documents or files.
Preclearance procedures for other expressions of trade secrets – In addition to establishing internal security measures for maintaining trade secrets, businesses intent on protecting their secrets in non-employee relations should also develop process(es) for allowing trade secret-related information to be discussed or disseminated via presentations, white papers, etc. Effective and appropriate preclearance procedures can prevent imprudent disclosures.
Confidentiality agreements for non-employee business relationships – Another piece of the puzzle to protecting trade secrets in non-employee relations is developing specific confidentiality agreements for relationships with independent contractors and other business entities. These agreements should be developed with the help of an attorney, as there may need to be special provisions added to these contracts, based on the nature of the relationship and the type of business or trade secret being protected.
Contact a Denver Business Lawyer at Downey & Associates, PC
For experienced help protecting business trade secrets – or going after those who have stolen or misappropriated business trade secrets, contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, and real estate legal issues.
To learn more about how Mr. Downey can help you, call our firm at (303) 813-1111 or email us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Trade secrets and confidential information can be the backbones of businesses, and protecting this information can be pivotal to a company’s success and future. Among the various parties that interact with businesses – and that can have access to trade secrets and confidential business information – are a company’s employees.
Below, we’ll discuss how businesses can protect their trade secrets and other confidential information when it comes to employees, specifically focusing on some procedures that should be followed for new and departing employees.
Protecting Trade Secrets with New Employees
When a business hires new employees, in addition to having the new employees sign a standard employment contract (and possibly a specific non-disclosure agreement), a human resources professional should meet with the new employees and do the following to ensure the company’s trade secrets are protected:
Explain in detail the business’ policy regarding trade secrets
Provide the employees with a copy of the company’s trade secrets policy
Ask the employees whether they have signed confidentiality agreements with former employers and whether the employees may have retained any information/documents from those former employers
Specifically instruct employees not to disclose any trade secrets or confidential information they may have been exposed to at former jobs
Ask the employees if they understand this information
Have the employees sign a document stating that they have been informed of and understand the above points.
For Employees Who Are Leaving the Company…
Within five days of an employee leaving the company, a human resources professional should do the following to protect a company’s trade secrets and confidential information:
Explain that the agreements (like a non-disclosure agreement, for instance) are still binding upon the employee even after that person stops working for the company and gets another job
Ask the employee if (s)he will be keeping any company documents after leaving his or her job and, if so, what in particular will be retained
Explain to the employee that the company will sue if (s)he discloses any of the business’ trade secrets or confidential information in the future
Ask the employee if (s)he understands this information (and possibly have him or her sign a document stating that this information has been explained to him or her and that (s)he understands it).
Contact an Experienced Denver Business Lawyer at Downey & Associates, PC
If you need help protecting your business’ trade secrets or taking action against any party that has illegally shared these secrets (or other confidential information), contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, property tax and business legal issues.
To learn more about your rights and options, as well as our various services, contact us by calling (303) 813-1111 or by emailing us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
The U.S. Department of Labor administers more than 180 million federal employment laws that impact about 10 million businesses and 125 million employees in the U.S. While a significant portion of these federal employment laws are focused on specific industries, there are some major statutes that are generally applicable to businesses operating in the U.S.
In this blog series, we will point out and summarize the 10 major federal employment laws that commonly impact U.S. businesses. If you need any assistance with resolving a business or employment-related legal issue, don’t hesitate to contact trusted Denver Employment & Business Lawyer Thomas E. Downey. He is skilled at successfully resolving even the most complicated business legal issues.
This federal statute essentially outlines the standards for paying wages and overtime, an issue that impacts most private and public businesses. In general, the FLSA:
Requires employers to pay workers at least the federal minimum wage and, for hours worked above the standard workweek, overtime that is at least 1.5 times the worker’s standard wages
Restricts the number of hours that children younger than 16 years old can work (in nonagricultural operations)
Forbids the employment of children younger than 18 years old in certain occupations that are considered to be too dangerous.
2 – Occupation Safety and Health (OSH) Act for Workplace Safety
This federal employment law pertains to the conditions in most private and public industries. In general, the OSH Act:
Regulates the health and safety standards for workplaces
Requires that employers provide workers with safe workplaces that are “free from recognized, serious hazards”
Requires employers to submit to OSHA workplace inspections and investigations when noncompliance may be an issue.
3 – Workers’ Compensation Laws
While states have their own workers’ compensation laws, there are some federal employment statutes that can also impact businesses and workers, depending on their industry. In particular, some of the primary federal employment laws related to workers’ compensation issues include the following:
Federal Employees’ Compensation Act, which protects federal workers who sustain workplace injuries
Energy Employees Occupational Illness Compensation Program Act, which pertains to energy workers and provides compensation in the event that on-the-job radiation exposure leads to cancer
Longshore and Harbor Workers’ Compensation Act, which outlines the conditions for compensating maritime workers who sustain on-the-job injuries.
4 –Employee Retirement Income Security Act (ERISA)
This federal employment laws related to employee benefit security pertains to employers that provide pension and/or welfare benefit plans to workers. Under the terms of the ERISA:
Fiduciaries overseeing pension and welfare benefit plans have to comply with a range of disclosure, reporting and fiduciary obligations.
Certain employers have to fund an insurance system to set up some specific protections for retirement benefits.
Also referred to as the Landrum-Griffin Act, this statute governs the relationship between unions and union members. In particular, the LMRDA:
Protects union funds
Encourages union democracy
Requires labor organizations to file annual financial reports (regarding certain labor practices) with the Office of Labor-Management Standards
Sets standards for electing union officers.
6 – Federal Employment Laws Regarding Employee Protections
This body of federal employment laws puts certain protections in place for employees who end up blowing the whistle on their employers’ illegal activities. In particular, these laws:
Allow employees to come forward and report illegal employer activities without the fear of retaliation
Provide remedies for whistleblowers when they are retaliated against by employers (such remedies may include payment of back wages and job reinstatement).
Additional Major Federal Employment Laws Summarized
7 – Uniformed Services Employment & Reemployment Rights Act
While these summaries of major federal employment laws are informative, contact Denver Lawyer Thomas E. Downey for experienced help resolving your business legal issues.
This law provides protections for people who serve in the U.S. armed forces. In particular, this statute stipulates that individuals who serve in the armed forces or are called up from reserves or the National Guard have the right to be reemployed by the employer for whom they worked when they were called to service.
8 – Employee Polygraph Protection Act
With this federal employment law, U.S. employers are not legally allowed to use lie detectors (or polygraphs) on employees, except for in some very limited cases. In particular, this Act:
Prevents most employers from using polygraphs during the hiring process and from firing employees who refuse to submit to these lie detector tests at any point in their employment
Allows the use of polygraphs for security firms, as well as pharmaceutical manufacturers and distributors.
9 – Consumer Credit Protection Act (CPCA)
Under this federal employment law, employers are not legally permitted to fire employees because their wages have been garnished by creditors. Additionally, this law:
Restricts the amounts that can be garnished from people’s wages in a given week
Applies to all businesses and workers who pay or receive wages (including commissions, salaries, bonuses, etc. and usually excluding tips).
10 – Family and Medical Leave Act (FMLA)
This federal employment law pertains to employers that staff at least 50 workers and generally require that these employers grant as much as 12 weeks of unpaid, job-protected leave for childbirth, adoption or a serious illness (either that the employee himself or his spouse, parent or child has developed).
Denver Employment & Business Lawyer at Downey & Associates, PC
For experienced help with your business and employment legal needs, you can count on Denver Employment & Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation and business legal issues.
A choice to work with our Denver attorney can give you confidence that your important legal matters will be handled with expert care and attention and that we will work diligently to help you resolve your case as favorably and efficiently as possible.
When you are ready to start a small business, there can be a lot to do, and the choices you make now can impact you and the success of your business in a big way down the line. In this three-part blog series, we will reveal some the specific things that an experienced business attorney can do to help you start a small business and get it running.
If you have any questions regarding getting your business started or are ready for some professional and experienced help, you can turn to experienced Denver Business Lawyer Thomas E. Downey. He has the skills, knowledge and integrity you can rely on to help you position your small business for optimal success in the future.
Here’s How an Attorney Can Help You Start a Small Business
1 – Choosing a legal entity for your business
One of the first and most critical decisions you will make as you start a small business will be to choose a legal business entity. In particular, you will need to decide whether to incorporate or, alternatively, form another type of business entity (like, for instance, a limited liability corporation). While there are various legal requirements for each option, your choice in a business entity can end up impacting:
How your business pays taxes
Your business versus personal liability
The success of your business moving forward.
By working with a lawyer as you start a small business, you can get the legal insight you may need to make the right choice upfront and, in doing so, position your business for success from the start.
2 – Devising Buy-Sell Agreements
Buy-sell agreements (or buy-out agreements) are essentially contracts between co-owners of a business that stipulate specific provisions for how the business will be impacted by certain “triggering events.” In particular, these agreements can specify what happens in the event that a co-owner of the business:
Becomes disabled or passes away
Goes through a divorce
Decides he wants to sell his shares or wants out of the business.
3 – Developing employment contracts
If you will need to hire employees to help you start your small business, then having effective employment contracts in place now is a good move. As you develop employment contracts, just some of the important things you may want to consider include:
The manner in which you want to employ people – For instance, do you primarily want full-time employees? Or will you be relying on some part-time employees and contractors? Having different employment contracts for each option can be critical to appropriately setting up these employment relationships.
Terms of termination – Just as you want to establish terms for hiring people, you may want to have some terms for letting people go in the event they don’t work out.
There may be various other important provisions to include in your business’ employment contracts, and working with a business formation lawyer can be extremely helpful to including all of the necessary provisions so you are protected as you start a small business.
4 – Filing a Patent
Filing a patent can be a time-consuming, complicated and expensive process that, depending on the nature of the patent, can take months or even years to conclude. So, if patenting an invention or idea is part of your plans for starting your small business, then it’s a smart idea to first consult with an experienced business lawyer who can advise you regarding whether pursing a patent is in your best interests or whether there may be better alternatives, given:
The nature of your business
The nature of the invention or idea for which you want to obtain a patent
How you see your business getting started and growing.
Additional Ways an Attorney Can Help You Start a Small Business
5 – Reviewing third-party contracts
Depending on the nature of your business, you may be signing various third-party contracts, such as vendor contracts, equipment lease contracts, distribution contracts, etc. Before you move forward and authorize any third-party contracts, make sure that you have an experienced business attorney review the terms of these agreements to ensure that:
These contracts don’t contain unfavorable terms for you.
Your business’ interests are fully protected.
6 – Minimizing the possibility of future business disputes
Ultimately, one of the more important reasons to work with a lawyer as you start a small business is to help you put protections in place now so that your business faces minimal liability and/or disputes in the future.
The bottom line is that, if you don’t plan appropriately upfront, your business could end up facing unnecessary costs and challenges; in the worst cases, a lack of appropriate planning could result in businesses never getting off the ground and/or their owners facing personal liability.
So, set yourself and your business up for success by consulting with an experienced lawyer now as you start a small business. An ounce of prevention now can certainly be worth tens pounds of cure later when it comes to the success of your enterprise.
Denver Business Lawyer at Downey & Associates, PC
If you need help starting a small business or dealing with any business-related legal issues, you can count on Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their legal issues. Our dedication to our clients, coupled with our extensive experience handling complex matters of business law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
A choice to work with our Denver business attorney can give you confidence that your legal issues will be handled with expert care and attention and that we will always work diligently to help. We have the integrity, experience and resources necessary to ensure that you will receive the highest level of personal service, the highest quality legal services and, ultimately, the best possible resolution to your important legal issues.
Contact Us Today
We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Downey & Associates PC represents clients in Denver and in the surrounding Colorado communities including Englewood, Littleton, Aurora, Greenwood Village, Broomfield, Boulder, Westminster, Fort Collins, Colorado Springs, Adams County, Denver County, Arapahoe County, Douglas County, Jefferson County, Boulder County, Larimer County and El Paso County.
