Private Sector Employment
Private sector employment is government by a complex legal framework under federal and Colorado law.
Murray Law welcomes the opportunity to provide dedicated and experienced counsel and representation to individuals, employers, and associations.Employment Issues & Disputes
Employment disputes, subsequent charges, complaints, and lawsuits, may be based on numerous federal and state laws providing employees with legal rights.
Examples of employee rights that may provide the basis of employee-employer disputes involve the following rights and issues: (1) right to equal employment opportunity; (2) family and medical leave; (3) rights created through agreements and contracts; and (4) protections for the payment of wages and overtime.Equal Employment Opportunity: Discrimination – Harassment - Retaliation
Federal and Colorado law protects individuals against employment discrimination based on a protected trait or membership in a protected class, including race, color, national origin, sex, sexual orientation, pregnancy, age, disability, or religion.
Workplace harassment is unlawful discrimination when based on a protected trait or class membership. An employer is prohibited from retaliation against an individual because the individual has engaged in protectivity under the anti-discrimination law in issue.Wrongful Discharge
A wrongful discharge is a discharge in violation of law−an action taken for an unlawful reason. An employer cannot discharge an employee for a discriminatory or retaliatory reason. Wrongful discharge claims may be based on a wide scope of legal protections and factual scenarios.Administrative Agency Proceedings
For most discrimination and retaliation claims, an individual seeking relief must file an administrative charge before filing a civil action in court. A charge must be filed with the U.S. Equal Employment Opportunity Commission [EEOC] within 300 days of the discriminatory action. The aggrieved individual may also file a charge with the Colorado Civil Rights Division [CCRD] within 180 days of the discriminatory action. The filing of a charge with either agency is deemed jointly filed with both agencies.
The charge of discrimination/retaliation may be resolved through the dispute resolution process of the EEOC/CCRD. The agency will investigate the charge. The employee and employer may submit information to the agency. Following the agency’s completion of the investigation, the employee receives the right to file a lawsuit.Private Dispute Resolution
Private mediation is an effective method to resolve employment disputes. Mediation may serve the mutual interests of the employee and the employer.
Mediation may be held at any time in the dispute.
Mediation involves an agreement between the parties to select a private mediator and participate in the process to resolve the dispute.
The parties jointly select a mediator, a neutral party. The process involves each party presenting its position to the mediator. The mediator seeks to narrow the issues, communicate with the parties, and work to achieve a resolution, a settlement.
The mediation process does not require, i.e. force, either party to accept an agreement. In the event the parties reach an agreement, the dispute is resolved and there are no further legal proceedings.Conclusion
Murray Law welcomes the opportunity to counsel and represent individuals and employers facing private sector employment issues. Please contact Murray Law at 720-600-6642.