Brake Law

Civil Rights Lawyers Fight Wrongful Discrimination

2008-06-30T14:08:00.000-06:00

Wrongful discrimination or termination is based on such factors as race, age or gender. This form of employment discrimination is also referred to as an unfair employment discharge, which involves terms such as wrongful firing, wrongful dismissal, illegal discharge, illegal termination and illegal dismissal.

Discriminatory practices under civil rights laws may include: national origin discrimination, age discrimination, disability discrimination, religious accommodation, Family Medical Leave Act (FMLA), sex discrimination, sexual harassment and pregnancy-based discrimination.

According to the National Workrights Institute:

An employer has a legitimate right to manage its business as it sees fit....however, it is not unlimited, and can not be exercised in a manner which denies fundamental American values. Employers do not have the right to discriminate on the basis of race, sex, or age in employment decisions. They should not have the right to fire workers without a legitimate reason.

In order for the employer's actions to constitute wrongful discrimination or termination the employer must be found to have illegally discharged or illegally fired the employee. Illegal firing cases vary based on the situation and circumstances that lead to the firing and include: firing in violation of an internal disciplinary process, and firing based on demographics such as race, national origin, disability, age or gender.

If you live in Colorado and believe you experienced wrongful discrimination, please contact us and one of our civil rights lawyers will be glad to talk with you and evaluate your situation.

Second Nanny Files Suit Against Actor Lowe and Wife

2008-06-22T14:04:00.002-06:00

It has been reported that a second nanny has filed a wrongful termination lawsuit against actor Rob Lowe and his wife, Sheryl, adding a new twist in a case that has already caused a stir in the entertainment industry.

Former nannies Laura Boyce and Jessica Gibson have each sued the Lowes, and Boyce claims that she was subjected to "sexually offensive and hostile conduct" on the part of Sheryl Lowe. In addition, she claims that Sheryl Lowe made racially charged statements about Boyce's boyfriend's genitals, and that she worked 15-hour days without being appropriately paid for overtime.

For their part, the Lowes have filed lawsuits against both Boyce and Gibson claiming that the former nannies attempted to extort money from them. Claimants on each side of the case maintain that they are the actual victims of wrongdoing, and the chances for a quick resolution seem distant.

Ultimately, the current case furthers the discussion about wrongful termination. Here, a former employee claims that her employers created an intolerable work environment. Legally, creating an environment in which a reasonable person would not work can give rise to a claim of wrongful termination based upon constructive discharge, even in states with at-will employment. The case may also further discussion concerning seeking payment for hours worked, but not paid for by an employer.

If you believe you have been constructively discharged or wrongfully terminated from a job in the Denver area, or your employer has not paid you for all hours worked, please contact the employment attorney at Brake Law Firm to determine your rights and possible course of action.

What is Your Wage Claim Worth?

2008-06-15T13:58:00.001-06:00

A wage claim involves the payment process between an employer and employee, which may include situations such as non-payment, underpayment and termination.

Non-payment wage claims may include bonuses and commissions along with unpaid or non-reimbursed business expenses. They can also include an employer failing to pay for all hours worked by an employee.
Underpayment wage claims may include payment with a check that has insufficient funds, a final payment not received, unpaid remaining vacation hours at the time of termination if required by company policy, and unauthorized paycheck deductions.
Termination may occur in the form of a discharge, layoff or constructive discharge/quitting.

Wage claims are investigated or regulated by city, state and federal governments. They involve many complicated issues, so having a skilled civil rights lawyer on your side is important.

If you live in Colorado and have received improper payment from your employer, please contact us and one of our civil rights lawyers will be happy to discuss your situation with you.

Sexual Harassment in the Workplace

2008-06-02T13:54:00.002-06:00

The legal definition of "sexual harassment" is unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working condition or creates a hostile working environment. Conduct is not sexual harassment if it is welcome. For this reason, it is very important to communicate to the harasser that the conduct makes you uncomfortable and that you want it to stop.

Conduct of a sexual nature
Many different kinds of conduct (verbal, visual, or physical) that is of a sexual nature maybe be considered sexual harassment:

Verbal: Comments about clothing, personal behavior, or a person's body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; sexual innuendos; telling rumors about a person's personal or sexual life; threatening a person
Physical: Assault; blocking (impeding) movement; inappropriate touching; kissing; hugging
Nonverbal: Looking suggestively at someone; derogatory gestures or facial expressions of a sexual nature; following a person
Visual: Posters, drawings, pictures, screensavers, or emails of a sexual nature

If you feel you have been the victim of sexual harassment in Colorado, please contact attorney Andrew. T. Brake, P.C. today.

Are you a Victim of Sexual Harassment?

2008-05-28T10:50:00.001-06:00

Sexual Harassment is a type of sex discrimination, which violates the Civil Rights Act of 1964. When it occurs in the workplace it falls under employment discrimination. Such harassment includes various behaviors that a person is not comfortable with, including an offensive or hostile work environment, requests for sexual favors, and sexual advances against a person's will.

According to the U.S. Equal Employment Opportunity Commission:

Sexual harassment involves other verbal or physical conduct of a sexual nature… When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

In sexual harassment, the harasser's conduct must be unwelcome. But it can occur in a wide variety of situations:

The victim and perpetrator may be either gender
The perpetrator may hold any relation with the victim, including supervisor, employer agent, supervisor in another department, co-worker or non-employee
The victim may be anyone affected by the offensive conduct besides the person being harassed

A victim may empower themselves by confronting the perpetrator of sexual harassment in a direct manner, stipulating that the behavior is unwelcome and must stop. Still, prevention is best to eliminate sexual harassment in the workplace. EEOC encourages employers to communicate preventative measures to stop sexual harassment.

If you would like a free consultation in regard to possible sexual harassment, please contact the experienced employment lawyers at the Brake Law Firm. We serve clients in all parts of Colorado.

Discrimination State Law to Include Sexual Orientation

2008-05-22T15:10:00.000-06:00

Colorado's non-discrimination state laws may soon expand to include sexual orientation for such areas as business and credit agencies. The House Judiciary Committee has approved the measure to add sexual orientation to the law in 23 areas, and Senate Bill 200 is now moving to the state senate for deliberation.

Currently, on a state wide basis, landlords, business owners, and others in the commercial sector are not legally accountable for discriminating against a tenant, client, or customer on the basis of that person's sexual orientation. (Sexual orientation is included in non-discrimination laws for the employment sector.)

The measure has caused some controversy, however. Advocates claim that a new law would help ensure equal protection, whereas others insist that such a law would stifle the expression of religious and moral beliefs.

Senate Bill 200 could have major implications for sexual harassment cases in Colorado. Because sexual orientation could soon become an illegal reason for discrimination in the commercial sector, consumers should be aware of their rights, and they should speak with a qualified professional to determine if a discrimination case could fall under the purview of the new law, if approved.

If you believe you have been sexually harassed in the workplace or elsewhere because of your sexual orientation, please contact the Brake Law Firm to schedule a consultation.

Wrongful Termination in Colorado

2008-05-18T14:57:00.002-06:00

A "wrongful termination" is one in which an employer has discharged or laid off an employee in violation of a legal right of the employee. It is not enough for the employee to simply show that he/she was treated unfairly, but the person must show that the firing was "wrongful" meaning one or more legal rights were violated.

Almost every state has adopted the legal concept of "employment at will," which developed in England centuries ago and means that it is presumed that the employer has the right to terminate someone with or without a reason, and also that the employee has the right to quit at any time with or without a reason. There are, however, some exceptions to the employee at will doctrine.

Employees are laid off every day in companies that are downsizing or because their employer decided to go in a different direction. Although the employment may be "at will," there may nevertheless be action that can be taken by the employees in the event the employer has acted in violation of applicable state or federal laws, or in violation of policies or procedures which the employer has put in place, and upon which the employees have reasonably relied.

If you think you've been wrongfully terminated, you may be able to bring a legal claim against your former company. While not all wrongful termination cases are successful, if the courts rule in your favor, you may be eligible for back pay, reinstatement, compensatory damages, punitive damages, attorneys' fees, etc.

To learn more about wrongful termination in Colorado, please contact the law firm of Andrew T. Brake, P.C. today.

The Line Between Firing and Wrongful Termination

2008-05-15T14:45:00.000-06:00

Wrongful Termination occurs when an employer discharges an employee in a way that violates the employee's legal rights. To make a wrongful termination case, the individual must establish how his or her rights were violated.

Almost all U.S. states are at-will, meaning the employer assumes the right to terminate with or without a reason and the employee holds the right to quit at any time with or without a reason. Exceptions to the at-will doctrine do exist. Examples would be public policy violations, contract breaches, implied contract breaches, good faith and fair dealing breach of covenants and discrimination on age, race, sex, disability, religion and/or national origin.

An employment lawyer will help you maneuver through the regulations and laws involved in your claim. Having a skilled lawyer on your side while facing a wrongful termination case will empower you to fight wrongful termination and gain compensation.

Please contact the Brake Law Firm to schedule your wrongful termination consultation. The firm's experienced employment lawyers serve clients in all areas of Colorado, and will be happy to answer your questions and evaluate your specific situation.

Welcome

2007-09-07T08:34:00.001-06:00

The Brake Law Firm is a full-service law firm, meaning we represent virtually any individual who has suffered serious or catastrophic financial or emotional harm as a result of the unlawful or negligent acts of others.