Brake Law

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.

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.

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.

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.