Colorado Employee Advocates Colorado Employee Advocates 2026-11-12T07:18:29Z https://www.coloradoemployeeadvocates.com/feed/atom/ WordPress /wp-content/uploads/sites/1204568/2022/07/cropped-CEA-site-icon-32x32.png On Behalf of Colorado Employee Advocates <![CDATA[Can you file an EEOC complaint while still working in Colorado?]]> https://www.coloradoemployeeadvocates.com/?p=48048 2026-11-11T14:03:04Z 2026-11-11T14:03:04Z Can you file without leaving your job? You do not need to resign before filing an EEOC complaint. You can continue working while the agency reviews your concerns. The EEOC handles complaints involving discrimination based on protected traits, including race, religion, sex, age and disability. For example, you may have grounds to file a complaint if your employer denies you a promotion because of your age. You may also file if your supervisor harasses you because of your religion. In Colorado, workers generally have 300 days from the discriminatory act to file a federal EEOC charge when the claim falls under both federal and state law. However, some claims have different deadlines. You can begin through the EEOC's online filing process. An online inquiry alone does not count as a formal charge.

Can your employer punish you for filing?

Federal law prohibits employers from retaliating against workers who report unlawful discrimination or take part in an EEOC investigation. Under the EEOC's retaliation protections, employers generally cannot punish workers for exercising these rights. Retaliation may include:
  • Firing or demoting an employee
  • Cutting work hours as punishment
  • Denying promotions because of a complaint
  • Threatening or harassing an employee
However, filing a complaint does not protect you from legitimate disciplinary action. Your employer can still enforce workplace rules and address poor performance. If you suspect retaliation, keep records of relevant emails, schedule changes and conversations. These details may help support a separate retaliation claim.

How can you protect your rights while working?

Before filing, gather information about the discrimination. Record dates, incidents and witnesses. Keep relevant documents that you can lawfully access. You should also continue meeting your job duties while the EEOC reviews your complaint. An employment attorney can help you understand your filing deadlines and legal options. They can also explain how to respond if your employer takes action against you after you file.]]> On Behalf of Colorado Employee Advocates <![CDATA[Can your employer stop you from working a side gig?]]> https://www.coloradoemployeeadvocates.com/?p=48043 2026-11-06T02:21:35Z 2026-11-06T02:21:35Z Colorado offers unique protections for employees Under Colorado Revised Statutes § 24-34-402.5, employers generally cannot fire employees simply for engaging in lawful activities outside work. However, this protection has exceptions, especially when a side business creates a conflict of interest or interferes with the employee's professional obligations. This protection usually even extends to employees who freelance, operate small businesses or work second jobs.

The protections for side gigs are not absolute

The law does not prevent employers from enforcing legitimate restrictions on outside work to protect against conflicts of interest or preserve certain occupational requirements. Depending on the situation, an employer might be able to legally object if an employee:
  • Works for a direct competitor in a position that creates conflicting responsibilities
  • Uses company equipment, confidential information or trade secrets for an outside business
  • Solicits the employer's customers, clients and suppliers for a competing venture
  • Allows their outside work to interfere with their essential job responsibilities
For example, a software developer who spends evenings creating an unrelated mobile game may be in a protected position, unlike an employee who is trying to launch an online platform that directly competes with their employer’s product

What about non-compete agreements?

Colorado prohibits non-compete agreements, subject to limited exceptions. Certain agreements involving highly compensated employees may be enforceable when they meet statutory requirements and are reasonably necessary to protect trade secrets. However, an employer cannot automatically prevent someone from accepting additional work simply because their employment contract contains a non-compete clause. The agreement must comply with Colorado law.

What if you're fired for having a side gig?

If your employer terminates you solely because of lawful outside employment, you may have grounds for a wrongful termination claim. Before resigning or abandoning that other source of income, consider having an employment attorney review your situation.]]> On Behalf of Colorado Employee Advocates <![CDATA[Can you report workplace fraud that benefited you?]]> https://www.coloradoemployeeadvocates.com/?p=48039 2026-10-22T03:40:25Z 2026-10-22T03:40:25Z Discovering fraud at work can put an employee in a difficult position, especially when they have already received money, bonuses or other benefits connected to the misconduct. Some employees may have participated without fully understanding what their employer was doing. For workers, benefiting from fraudulent activity does not automatically eliminate the possibility of becoming a qui tam whistleblower. However, the extent of their involvement can affect their legal rights and potential financial recovery.

Does participating in fraud disqualify a whistleblower?

Under the federal False Claims Act, individuals with information about fraud involving government funds may bring a qui tam lawsuit, even if they previously participated in the wrongdoing. However, their involvement can create complications. Courts may reduce a whistleblower’s share of any recovery if they planned and initiated the fraudulent conduct. A criminal conviction arising from their role in the fraud can result in dismissal from the qui tam action and loss of their share of the proceeds. For example, an employee who received bonuses tied to inflated Medicare claims may still have information supporting a whistleblower lawsuit. Whether they knowingly helped falsify those claims could affect their legal position.

What should you do before reporting the fraud?

Employees who benefited from suspected fraud should carefully consider their next steps. Important precautions include:
  • Preserving relevant records they can lawfully access.
  • Avoiding further participation in suspected fraudulent conduct.
  • Refraining from altering or destroying documents.
  • Seeking confidential legal guidance before approaching government investigators.
Colorado’s False Claims Act also provides a framework for certain whistleblower actions involving fraud against state or local government funds. An experienced qui tam legal professional can evaluate whether an employee’s involvement affects their eligibility to bring a claim. Early support can help protect the whistleblower’s interests while determining how to disclose the suspected misconduct appropriately.]]> On Behalf of Colorado Employee Advocates <![CDATA[Can Denver employers force older workers to retire?]]> https://www.coloradoemployeeadvocates.com/?p=48036 2026-10-14T08:46:42Z 2026-10-14T08:46:42Z After decades of hard work, you may want to keep your job, earn a steady income or choose when to retire. But what happens when your employer starts pushing you out because of your age? In Denver, forcing an older employee to retire may violate state or federal law. Your rights depend on why your employer is taking these actions and the circumstances of your case.

When does forced retirement become age discrimination?

The federal Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older from age discrimination. It generally applies to employers with 20 or more employees, as well as certain government agencies and labor organizations. Colorado's Anti-Discrimination Act (CADA) also generally protects workers who are 40 or older from discrimination based on age. In most cases, employers cannot force you to retire just because they think you are too old to work. For example, telling a 62-year-old employee to retire to make room for younger workers may break the law. However, some exceptions apply. Federal law allows mandatory retirement for certain state and local government firefighters and law enforcement officers under specific conditions. In limited cases, an employer may also consider age when it is necessary for the job. The law calls this a bona fide occupational qualification. The ADEA also allows mandatory retirement for certain executives and high-level policymakers who meet specific requirements. They must be at least 65, have held the position for the two years immediately before retirement and qualify for an annual retirement benefit of at least $44,000 that they cannot lose once it becomes payable.

What evidence may support an age discrimination claim?

Certain workplace events may provide evidence of age discrimination, depending on the circumstances. Examples include:
  • Retirement pressure: Your manager repeatedly urges you to retire despite your wish to keep working.
  • Unequal treatment: Your employer applies stricter performance standards to you than to younger workers.
  • Changed duties: Your employer removes key responsibilities or excludes you from important projects.
  • Age-related remarks: Supervisors make comments suggesting that younger workers are a better fit.
These facts do not automatically prove unlawful discrimination. Keeping records of age-related comments, job changes and performance reviews can help establish what happened. Legal assistance can help you assess whether the evidence supports a claim under state or federal law.

Protecting your right to keep working

If your Denver employer pressures you to retire, the reason matters. You generally have 300 days from notice of the alleged discriminatory practice to file an employment discrimination complaint with the Colorado Civil Rights Division (CCRD). Knowing the deadline and your legal options can help you decide how to address the situation.]]> On Behalf of Colorado Employee Advocates <![CDATA[Dynamic disabilities and reasonable accommodation: What to know]]> https://www.coloradoemployeeadvocates.com/?p=48034 2026-10-09T15:11:56Z 2026-10-09T15:11:56Z Most people with disabilities know that employers are required by federal and state law to provide “reasonable accommodation” to them so that they’re able to perform their job. “Reasonable” means that an accommodation is not an undue hardship for the employer. Despite the fact that the Americans with Disabilities Act (ADA) is not new, some employees still find it challenging to work with an employer to get a necessary accommodation because employers too often claim that providing it would present an undue hardship. Note that inconvenience and undue hardship are not the same thing.

What is a dynamic disability?

What can make things even more challenging for someone seeking reasonable accommodation is the misunderstandings around what are known as “dynamic disabilities.” These disabilities are actually very common. They’re simply conditions that aren’t consistent from one day to the next – or even sometimes throughout a single day.  Unlike paralysis or blindness, for example, dynamic disabilities may come with flare-ups. Certain things, like heat or stress, may exacerbate them. Many neurological, autoimmune and autoinflammatory disorders like multiple sclerosis (MS), lupus and arthritis can be classified as “dynamic.” So can some mental health conditions like depression and bipolar disorder. Employers have the same legal obligation to provide reasonable accommodation to those with dynamic disabilities as they do to those whose condition remains unchanged. However, too often, employers don’t understand how an employee can be affected periodically and then seemingly be well at other times.

What do employers have a right to know?

The fact is that employers don’t have to understand how a particular disability works or even to be told what it is. Further, employees aren’t required to explain or answer questions about their disability when they seek reasonable accommodation – other than to inform their employer what kind of accommodation they need to do their job. It’s typically best when employees and employers can work together to find a solution that works for everyone. Some employees may be comfortable going into some detail to help their employer understand. However, all they’re expected to provide is a statement from a doctor regarding their need for any specific accommodation(s). It’s important for those who need to seek reasonable workplace accommodation to know their rights. If an employer refuses to provide such accommodation or retaliates against an employee for seeking it, that can be considered illegal disability discrimination. Getting legal guidance can help employees protect and assert their rights.]]> On Behalf of Colorado Employee Advocates <![CDATA[When is off-site sexual harassment an employer’s responsibility?]]> https://www.coloradoemployeeadvocates.com/?p=48030 2026-10-03T00:46:12Z 2026-10-03T00:46:12Z Many employees believe their employer is only responsible for preventing and acting on sexual harassment if it occurs in the workplace. In fact, employer responsibility and liability can extend far beyond that. Employees often are required – or at least expected – to interact in a multitude of settings. These can include off-site conferences and team-building events, holiday parties, charity events, company picnics, softball games, Happy Hours and gatherings like employee weddings and showers. Employees can also run into one another outside of work and contact people any time virtually via text, email or social media.  Sexual harassment can occur in any of these settings. But is an employer responsible for investigating alleged sexual harassment if it occurred outside of work – and maybe even outside a work-related event?

A hostile work environment

The reason an employer can still be held liable for sexual harassment is that it can create a hostile work environment for the person who has been or is currently being harassed. Under Colorado law, employers can be responsible if the “conduct or communication has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment.” Even if a harasser behaves professionally in the workplace, their presence can cause their victim to be frightened, angry or intimidated. A victim might take steps to avoid interacting with their harasser that could be detrimental to their job or even their career – such as turning down high-profile projects or rejecting a promotion. The harasser – especially if they have authority over their victim – may deny them good assignments or otherwise retaliate against them, especially if they believe their “advances” were rebuffed.

What are an employer’s responsibilities?

Typically, it’s best for employees to report sexual harassment to Human Resources or their manager as soon after it occurs as possible – wherever and however it happened. When the manager is the harasser, it may be necessary to go to another manager if there’s no designated HR department.  Once an employer is informed of alleged harassment, they have an obligation to investigate and take appropriate action. They cannot legally retaliate against an employee for a good-faith report of harassment. It’s not always that simple. Many employees choose not to report it if it doesn’t happen again and it hasn’t created a hostile work environment. That’s an individual choice. However, it’s always smart to document what happened, note any witnesses and save evidence like texts or voicemails. It can also be worthwhile to get experienced legal guidance to help determine how best to proceed.]]> On Behalf of Colorado Employee Advocates <![CDATA[What should you do if you witness workplace harassment?]]> https://www.coloradoemployeeadvocates.com/?p=48013 2026-09-11T15:35:02Z 2026-09-11T15:35:02Z Take note of what you personally witnessed Write down an accurate account of what happened while the details remain fresh. Note the date, time, location and people involved, along with the specific words or actions you observed. Stick to what you personally saw or heard rather than guessing about someone's intentions or repeating information from other employees. Your notes can help you remember important details later if your employer asks you about the incident.

Preserve relevant records and communications

Keep any records that directly relate to what you witnessed. Depending on the situation, these could include:
  • Emails or text messages
  • Workplace communications
  • Photographs or screenshots
  • Schedules or other records showing who attended an event
Do not alter or create records to strengthen someone else's account. Preserve what you already have and keep your personal notes somewhere secure.

Support your coworker without speaking for them

Let your coworker know that you saw what happened and offer appropriate support. You can listen and let them know you will provide an honest account if someone asks what you witnessed. Avoid pressuring them to report the conduct or deciding for them what they should do. You should also avoid discussing the incident with other coworkers who did not witness it. Limiting unnecessary discussion can help protect everyone's privacy.

Report what you witnessed through the appropriate channel

Follow your employer's reporting procedure if you decide to report the incident. Check your employee handbook or workplace policies to find the appropriate person or department. When you report, describe what you personally observed without exaggerating or making legal conclusions. Your employer may later ask you questions as part of an investigation. Answer honestly and provide relevant records when requested.

Know your rights as a witness

You may have legal protection if your employer retaliates against you for participating in a discrimination investigation or opposing unlawful discrimination. The EEOC recognizes participation in an investigation of workplace discrimination, including serving as a witness, as protected activity under federal law. Retaliation can include punishment or other negative treatment because you participated in a protected process.

Don't stay silent when you can help

If you witnessed workplace harassment, you do not have to handle the situation alone. Keep an accurate record, preserve relevant information and provide an honest account if an investigation follows. If you worry that reporting what you saw could affect your job, reviewing your circumstances with an attorney can help you understand your rights and available options.]]> On Behalf of Colorado Employee Advocates <![CDATA[Discrimination at work based on national origin]]> https://www.coloradoemployeeadvocates.com/?p=48012 2026-09-10T18:33:18Z 2026-09-10T18:33:18Z National origin is a protected class in the workplace. The U.S Equal Employment Opportunity Commission (EEOC) prohibits treating a job applicant or employee differently because of their national origin. This is also prohibited under the Colorado Civil Rights Division via the Colorado Anti-Discrimination Act (CADA). Here is what to know about this form of discrimination:

How does it happen?

Discrimination based on national origin involves treating a worker unfavorably because they are from a particular country/part of the world or because of their ethnicity/accent. Or because they appear to be of a certain ethnic background, even if they are not. For instance, because of their surname, physical appearance or where they went to school This can happen during hiring, promotions and dismissal. It’s also seen when it comes to workplace policies, compensation, and assignments of duties/shifts. For example, when an employer:
  • Posts a job ad stating a preference for foreign workers over American workers
  • Asks a job applicant who was born and raised in the country, which year they moved to the U.S.
  • Makes an employment decision based on an employee’s accent when it does not materially interfere with their ability to perform the job
  • Pays employees of a particular national origin or ethnicity less
  • Enforces an English-only rule when not justified by a legitimate business necessity
  • Refuses to assign employees of a particular ethnicity or accent to client-facing roles
  • Disciplines a foreign worker more harshly than an American one for the same infraction
  • Dismisses employees because clients express a preference for an “All-American” profile
National origin discrimination also includes treating someone unfavorably because they are married to or associated with a person of a certain national origin. Note that discrimination can still occur when the victim and the perpetrator are of the same national origin.  If you believe you have experienced this form of discrimination at work, get more information to protect your rights.    ]]> On Behalf of Colorado Employee Advocates <![CDATA[What happens after you report sexual harassment at work?]]> https://www.coloradoemployeeadvocates.com/?p=47994 2026-08-25T15:40:52Z 2026-08-25T15:40:52Z Sexual harassment at work can happen in many ways. A coworker may make unwelcome comments about someone’s looks, an employer may suggest a promotion for sexual favors or an employee may be inappropriately touched. When an employee experiences sexual harassment at work, they can report the incident. A sexual harassment report can protect an employee from further harassment and hold the harasser accountable for their actions. Employees can learn more about what happens when they report sexual harassment by reading the following:

Investigating the incident 

After a sexual harassment report is made, the employer or HR is responsible for protecting their employee by reviewing and investigating the complaint. The harassed employee may be asked several questions during the investigation process. This can help the employer or HR further investigate the incident.  The employer or HR may want to know what happened, when it happened and who was involved. It can help the investigation to provide names of anyone who may have witnessed the harassment. Text or email correspondence from the harasser can help with the investigation.  Any information given to the employer or HR should be kept confidential. This protects the employee from facing repercussions or further harassment from the harasser.

Corrective measures

Once the investigation concludes, the employer or HR should determine if the harassment violated company policies or laws. If so, they should take immediate corrective measures to protect the harassed employee.  If an employer or HR does not take action to protect an employee, professional legal guidance may be necessary. Legal guidance can help protect an employee and hold a harasser and company liable. ]]> On Behalf of Colorado Employee Advocates <![CDATA[How do choice-of-law clauses affect remote technology workers?]]> https://www.coloradoemployeeadvocates.com/?p=47991 2026-08-16T01:20:53Z 2026-08-16T01:20:53Z legal professional review your related employment agreement(s). The law identified in a contract does not always determine whether a non-compete can be enforced.

Why remote technology roles create special concerns

A choice-of-law clause identifies which state’s laws will govern an agreement. Employers include these provisions to create consistency across contracts issued to employees in different locations. Technology employees frequently work with source code, product road maps, customer information and proprietary systems. Therefore, employers have legitimate reasons to protect confidential business information. A broadly written covenant could prevent an employee from working for any business described as a competitor. In the technology sector, that definition may cover an enormous range of companies. It may also fail to distinguish between an employee’s former responsibilities and an unrelated role with a new employer.

Does Colorado law protect Denver-based remote workers?

Colorado usually limits non-compete agreements unless they fall within a statutory exception and satisfy the applicable requirements. Permitted restrictions may include:
  • Certain agreements involving highly compensated workers
  • The purchase and sale of a business
  • The recovery of specified training expenses
Colorado law also addresses attempts to apply another state’s rules to workers with substantial ties to Colorado. A covenant may not require a worker who primarily resided and worked in Colorado when employment ended to have the dispute decided outside the state. A choice-of-law clause can complicate a Denver technology worker’s transition to a new employer, but the state named in the contract does not necessarily have the final word. Early legal guidance may help you move forward without unknowingly violating a continuing contractual obligation.]]>