We hope you will join us for the upcoming Employment Law Seminar with the Colorado Trial Lawyers Association on May 31, 2019. Benjamin E. Wick will be presenting on Representing Government Employees.
To register or learn more information about the seminar, please go to:
https://www.ctlanet.org/index.cfm?pg=events&evAction=showDetail&eid=69316
As discussed in the article below, federal employees now have access to mediators from the Federal Mediation and Conciliation Services (FMCS). The Equal Employment Opportunity Commission (EEOC) will be working to identify federal sector EEO (discrimination, harassment, or retaliation) cases that would be good candidates for resolution. Those cases will be referred to FMCS for mediation.
This is good news for federal employees. Hopefully, it will help to resolve some of the backlogged cases before the EEOC and reduce the time period for a judge to be assigned to cases that cannot be resolved through mediation.
As is the situation in many states, Colorado has state laws that prohibit discrimination. This means that employees in Colorado may be protected by federal law from discrimination in the workplace and have additional protection under state law. An overview of those protections can be found in our latest article:
The Merit Systems Protection Board (MSPB) presently has no Board members. The lack of Board members does not impact the processing of MSPB cases for federal employees before Administrative Judges. However, it does delay the processing of appeals of MSPB Administrative Judge’s decisions, which are known as petitions for review. Our new article includes a discussion on this issue.
MSPB Loses Only Remaining Board Member Amid Massive Backlog Of Cases
The Family and Medical Leave Act (FMLA) provides important protections for employees using leave in various situations, including for a serious health condition or to care for a newborn child. Not only is it unlawful to deny FMLA leave, when an employee meets the requirements for such leave, but it is also unlawful to interfere with the use of FMLA leave or to retaliate against an employee for taking FMLA leave. Find out more information about FMLA leave in our new article.
Employee Rights And Protections Under The Family And Medical Leave Act
Alternative dispute resolution (ADR) can be an effective means of resolving employment related disputes, including federal and private sector discrimination, harassment, and retaliation cases. Have you ever wondered how to overcome an impasse in a mediation or other ADR process? Our article from the Colorado Lawyer is still timely and relevant for anyone participating in ADR.
We previously posted information about employment protections for federal sector employees who are veterans. In order to provide similar information for employees working for private employers, our latest guidance addresses USERRA Claims For Private Sector Employees. As always, should you have questions or wish to discuss your claims, contact us at 720.999.5390 or ben@wick-law.com
If you are a currently enlisted service member, including a reservist, or a veteran, and employed by the federal government, there are additional rights that can protect you from unlawful actions in the workplace. One of the laws that specifically protects currently enlisted service members and veterans is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Our guidance on USERRA claims is at the link below. The Wick Law Office is proud to represent veterans in USERRA claims and other employment matters. If you have questions or would like to discuss your situation, please contact us.
In light of the ongoing federal government shutdown impacting furloughed federal employees, and the latest statement about their eligibility for state unemployment benefits, we are re-posting our Employee Guide to Unemployment Insurance in Colorado.
If you have questions about unemployment or any other employment related matters, feel free to contact us at 720.999.5390 or ben@wick-law.com.
Many employees of cities and counties in Colorado have additional rights relating to employment matters that differ from the rights of private-sector employees. For example, certain city and county employees in Colorado can challenge disciplinary actions and raise allegations of discrimination through internal administrative processes. In addition, claims of discrimination can be filed through the CCRD or EEOC, as is the case with private-sector employees. Our Fact Sheet for City and County Employees in Colorado has additional information.
Employees of the State of Colorado in classified positions, who are certified, have the right to challenge personnel actions to the Colorado State Personnel Board. The ability to challenge such actions differs from the rights of at-will employees in the private sector. There are certain factors in determining who can appeal to the State Personnel Board and what actions can be appealed. Our new fact sheet includes useful information for state employees about the State Personnel Board, raising claims of discrimination, and the Colorado Governmental Immunity Act. Please contact us if you have any questions or need additional information.
The partial shutdown of the federal government has had a major impact on federal employees who have been furloughed. As a furloughed federal employee, do you have any options for challenging a furlough? Read our guidance on federal employee furloughs and find out.
With the new year, the new Colorado Wage Order has gone into effect. In addition to an increase in minimum wage, the Colorado Wage Order and Colorado Wage Act provide protections for employees against unpaid wages, bonuses, commissions, and expenses. Importantly, the Colorado Wage Act allows employees to recover a substantial penalty from an employer for failing to pay wages, in certain circumstances. General information can be found in the article below on Colorado Wage Act Basics. If you have specific questions, please contact us at 720-999-5390 or ben@wick-law.com.
The term “wrongful termination” is used generally to describe a situation where an employee has been improperly terminated. However, in the legal context, wrongful termination claims generally fall into certain categories. Our guidance on wrongful terminations provides specific information about such claims. Please contact us for further information.
Many federal government employees have appeal rights to the Merit Systems Protection Board (MSPB) when certain types of disciplinary action are taken against them. Even where there is no formal disciplinary action, an employee may still have a right to challenge the Agency’s action. For example, a federal employees forced to use leave for more than 14-days or forced from the workplace, without due process, may have an appealable action to the MSPB. More information can be found here.
The regulations governing federal sector EEO complaints set forth the actions that should occur if there has been a breach of a settlement agreement by a federal Agency. Specific information is set forth in our guidance on Federal Employee Issues: Breach Of A Settlement Agreement.
Unemployment insurance benefits are intended to provide partial income replacement for
unemployed individuals who meet certain requirements. Applying for and maintaining
unemployment benefits following termination from employment may seem like a daunting and
complicated task. This guide is intended to provide employees with tools to help
navigate this process. Employee Guide to Unemployment Insurance in Colorado.
In a complaint of discrimination against the federal government, the federal agency has the burden to articulate a legitimate non-discriminatory reason for the alleged discriminatory actions, after the complainant sets forth an initial showing of discrimination. What does the agency have to establish to meet its burden? Find out in our latest article addressing the legal standards applicable to federal sector employees filing EEO complaints of discrimination. Federal Employee Issues: Agency’s Burden To Articulate A Legitimate, Non-
Discriminatory Reason.
Do the reasons for an employee’s mental incapacity to perform his or her job affect whether the employee is entitled to unemployment insurance benefits in Colorado? See our new article addressing the the Colorado Supreme Court's decision on this issue in Mesa County Public Library District v. Industrial Claims Appeals Office.
Are federal employees able to bring claims based on parental or caregiver status? Our new guidance, available below, addresses this important question.
Federal Employee Issues: Discrimination Based On Parental/Caregiver Status
