Answers Posted By Nina Kazazian

Answer to My wife was just turned down for a job and it may be because our daughter has a disability.

Hi Thank you for your question. If you think the failure to hire was due to your wife's responsibility as caregiver for your daughter, the place to raise this complaint would be the Colorado Civil Rights Division or the EEOC. You have only 180 days from the date of discrimination to make the complaint--otherwise the legal claims are forfeited. It takes a fair bit of time from the first contact with either of these agencies before your complaint is "submitted" so don't delay. Working with an attorney can speed up the process, but is not required.

Before you go this route, however, I would suggest you try to get some additional information. Perhaps your wife can ask the interviewer why she was not selected. Is your wife still the primary caregiver for your daughter? Is it possible that those responsiblities would interfere with the job? An employer is not required to hire someone who cannot perform the essential job functions with or without a reasonable accommodation--So talk to an attorney to evaluate the facts here before you file a charge of discrimination, if you aren't running up against the statutory time limitation.

posted Jul 16, 2021 4:44 PM [EST]

Answer to I have an employee that has anxiety attacks. she gave me a doctors note dated 2018 about her attacks. She is absent from work at least once a week. It's usually a Saturday and a Monday. As an employer can I write her up?

Hi thanks for your question. In this situation, you will need to thread the needle to run your business without running afoul of the Americans with Disabilities Act. You can ask for a current doctor's note to confirm the medical need. You can have her doctor fill out the form to request a reasonable accommodation. Then, you should work with an attorney to evaluate whether/how your employee can fulfill the essential job functions with or without a reasonable accommodation, and then go from there.

I strongly encourage you to seek competent employment counsel to help you navigate this situation--and to help you avoid other employment law pitfalls.

posted Jul 16, 2021 4:25 PM [EST]

Answer to My employer is eliminating my job on September 12, 2021. They're offering me a step down position at a lower rate of pay. Can I collect unemployment if I don't accept the step down position?

Hi thank you for your question. The first question I have is whether they are really eliminating your position or if that is just an excuse for reducing your pay and responsibilities. I would suggest you consult with a lawyer to evaluate all the facts and history to determine whether you might have any other claims (such as age discrimination) arising out of this situation.

As to whether you can collect unemployment--that would depend on a few factors. You are not required to take just any job, although you are required to take action every week to find a job. So, again, consulting with a lawyer or calling the Colorado Division of Labor and Employment to ask this question is recommended. For example, if the new position is close to the same amount of pay and responsibilities, it is more likely that the CDLE might find you ineligible because you turned down a suitable job,

In short, to answer your questions definitively requires a closer examination of the facts. You have some time, yet. so I hope you will take the opportunity to consult with a lawyer about your situation.

posted Jul 16, 2021 4:14 PM [EST]

Answer to Is this constructive discharge or retaliation?

Hi
If you can show that your hours were cut because you made a whistleblower complaint, you may have a claim for retaliation. Those types of claims need to be raised with the CCRD (or EEOC) within 180 days, so time is running out.

The facts you describe beg additional questions and answers, so it isn't possible to give you a definitive answer here. I see that your question was posted 4 months ago and hadn't been answered here. Given the time lapse, I hope you have already consulted with a lawyer. If not, please do so right away.

posted Apr 25, 2020 4:34 PM [EST]

Answer to Death threats in perceived same sex gay bashing messages being left by a coworker

You need to immediately report this situation to the police and to your employer. And schedule a consultaiton with a competent attorney to address the civil legal claims (employment law; harassment; workplace violence).
But first and foremost, hopefully by now you have taken action to safeguard your personal safety.

posted Apr 25, 2020 4:30 PM [EST]

Answer to I've been working for the same company 24 yrs. After my boss passed, the new boss demoted me immediately and 3years later accused me of stealing, then fired me. I'm very upset and depressed. Can I sue?

You might have rights or claims, but you need to schedule a consultation with an attorney to evaluate your situation. You don't say when you were let go, but if your case involves discrimination claims, in Colorado you have to file a charge of discrimination (with the Colorado Division of Civil Rights or the Federal Equal Employment Opportunity Commission--I recommend the CCRD) within 180 days to preserve them. Please don't wait. if you don't already have an attorney, there are many resources for you to use to find one. Please take action immediately so you don't lose your rights.

posted Apr 25, 2020 4:27 PM [EST]

Answer to I hired an employee with an offer letter with salary, bonus eligibility, PTO, etc. in Dec. 2017. The employee resigned Dec 2018 and was rehired Jan 2019. No new offer letter was given. Do I have to honor the original offer letter since the employee resign

Hi
It sounds like this question is no longer pressing, because the employee resigned in January 2020 (and you don't say she/he was rehired).
The short, general answer to your question is that it depends on what you did when you rehired the employee. Did the employee have the same job responsibliites and duties? Did you change the pay? Change the hours? Change anything about the position? Write or say anythign about the terms of the rehire?

Technically, an offer letter is not a contract for employment. If someone quits and is rehired, everything resets. However, if everything was kept the same each time, then the offer letter could provide some evidence of the terms of the job (responsibliities/pay/hours/title) if a dispute ever arose. As to the benefits, questions of eligibility and determining seniority or total tenure (for vesting schedules, for example) should be defined in the plan documents. If there is a dispute or lack of clarity here, you should definitely consult with an employee benefits (ERISA) lawyer to assist you.

For group benefit plans (covered by ERISA) it is very important that everyone is treated the same as the plan sets forth for eligibility and benefits. Making exceptions for anyone raises the risk of liablity for a discrimination claim by an employee, or disqualification of the plan.

The issues presented by your question would be best navigated with a consultation with a competent lawyer who handles employment and employee benefit issues for the employer. Because the possibility for claims/risk of liability do not end when the employee leaves the company, I recommend you schedule a consultation with a good lawyer as soon as possible to determine your options for risk mitigation or avoidance, as may be the case.

posted Apr 25, 2020 4:24 PM [EST]

Answer to Is Employee Overtime exempt if there is a contract between employer and employee for 50 hours instead of 40?

Hi
An employer and employee cannot "agree" to exempt the employee from the wage and hour laws, including overtime, exempt status, or minimum wage. If the job duties and responsiblities qualify for an exempt position, raising the salary to the minimum for exempt personnel might get you to the desired result.

However, first it should be determined whether the set of job duties would be exempt (the job title is not the determining fact and your question does not include all the relevant facts or factors). Then, an appropriate solution can be formulated.

Therefore, I highly recommend you to consult with a competent attorney to help you navigate this situation. A good lawyer will help you find a way to achieve your goals in compliance with the law.

posted Apr 25, 2020 4:13 PM [EST]

Answer to What can I do if I feel I'm being harassed by my supervisor because of depression and anxiety?

Depression and Anxiety are recognized disabilities under the ADA (Americans with Disabilities Act). You don't say what kind of "harassment" you are subject to, or when it started, why, or whether your employer knows of your condition. For that matter, you didn't say when the condition started.

All of these facts would be important in any lawyer's evaluation of your situation. So, it isn't possible to give a definitive answer to your question. You really need to consult with an attorney about your situation, because the facts and timeline make the difference.

In general, if your condition is affecting your work in some way that can be improved with a "reasonable accomodation" you should coordinate with HR and your doctor to identify what you need in terms of a reasonable accomodation.
Then you should ask for that. Whether you should talk to your boss or just go through HR depends on the size of the company and other factors. Your next steps also depend on current facts and circumstances.

Please contact an attorney and schedule a consultation as soon as possible. Many attorneys are still doing consultations during the COVID crisis, by video or telephone.

posted Apr 25, 2020 4:03 PM [EST]

Answer to colorado Partial Unemployment

Hi thanks for your question. The changes to the law have not been tested yet, so the best answer will come from the unemployment division. You should apply for unemployment through the website. Answer the questions truthfully about your reduced hours and the reason given by the employer. The CDLE will process your application and post the determination via mail and/or on your account online.

If you disagree with the results (for example, if you are denied benefits), you will have a strictly limited amount of time to appeal the determination (14 or 20 days from the date of the letter--not the date you receive the letter). When you get the determination, contact an attorney immediately to help you decide whether an appeal should be made.

The appeal at this level is very easily done and doesn't cost anything to file. It is just a review by the CDLE of the facts and determination, and you will have a chance to provide additional evidence and testimony.

Due to the overwhelming number of applicants, the CDLE processing times are longer than usual, so you may not hear back quickly. But you do have to make your claim within a short amount of time, so you should apply immediately. Apply even if you aren't sure you can get benefits, because it is worth the ask. Just don't lie on your application. The CDLE has prosecuted people for this, as the warning re criminal liability will inform you they can do.

posted Apr 25, 2020 3:12 PM [EST]