Practice Areas and Legal Definitions

Labor Laws:
Historically, labor laws have focused on such matters as eliminating unsafe workplace conditions, securing a living wage for employees, and eliminating, or at least, tempering the strife that often occurs between employee and employers. Since the appearance of organized labor, laws have established collective bargaining rights, and have sought to prevent either employers or employees, individually or through associations or unions, from engaging in unfair labor practices. It is well-established, by various statutes, that both sides to a labor dispute are legally required to engage in good faith collective bargaining. Modern labor laws also address such complex and often emotionally charged issues as strikes, picketing, mutual injunctive relief and lockouts.

Labor and Employment attorneys can help employers with the following:

• Reviewing client employee handbooks, manuals and policy statements
• Assisting with federal and state wage and hour law issues and claims
• Representing employers before the Equal Employment Opportunity Commission (EEOC) and state human rights agencies
• Providing representation for grievance and arbitration hearings under collective bargaining agreements
• Counseling on employment agreement
• Counseling on severance agreements
• Representation in state and federal courts

Employment Law:
Employment law is a well-established body of statutes and judicial decisions covering all rights and obligations within the employer-employee relationship, including current employees, job applicants and former employees. It covers a wide range of legal issues, ranging from employment discrimination and wrongful termination to matters involving wages and workplace safety. Many employment law issues are governed by applicable federal and state employment law, but a number of issues are determined according to basic contract law.

Employee Rights:
All employees have basic rights arising from both state and federal laws. Some of these rights include: the right not to be subjected to discrimination on the basis of race, national origin, skin color, gender, pregnancy, religious beliefs, disability, age, and in some places, marital status or sexual orientation; the right to a workplace free of harassment; the right to be paid at least the minimum wage as provided by federal or state law; the right to overtime wages as provided by federal or state law; the right to a safe workplace and the right to take leave to care for a personal or family member's serious illness, or following the birth or adoption of a child.

Employment Discrimination:
Discrimination generally occurs when an employee is intentionally treated differently because of race, color, religion, national origin, disability, gender, age, and in some states, sexual orientation. Employment discrimination claims may be prosecuted under various state and federal statutes. Even if the employee’s evidence is sufficient to show discrimination, an employer may be able to justify a particular job action by demonstrating that such treatment arose out of business necessity, or that a legitimate job qualification required consideration of factors that had an unintentional discriminatory effect. When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer’s justification, was the true reason for the action.

Age Discrimination:
It is unlawful for an employer, employment agency or labor union to discriminate in employment on the basis of age. This includes refusing to hire an individual or firing an employee. It also includes an individual’s compensation, the terms, conditions, and privileges of his or her employment, and all employee benefits.

Disability Discrimination:
Both the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 protect individuals with disabilities from employment discrimination. An individual with a disability is defined as someone who has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment. The term is broadly defined to include any physiological, mental or psychologically-based impairment. In January 2009, Congress passed significant changes to the ADA. The definition of what is a major life activity has been expanded. The determination of whether an impairment substantially limits a major life activity is now made without regard to effects of mitigating measures. These recent changes should permit many more persons with impairments who are discriminated against access to the courts even if their medical condition is not permanent.

Wrongful Termination:
Termination of employment cannot be classified as "Wrongful Termination" unless it is in violation of some fundamental public policy, as set forth in a state or federal statute, regulation or constitutional provision. Examples of Wrongful Termination include situations where:

• An employee is discharged for failure to comply with an order to perform an act that violates some law, ordinance or regulation, or
• An employee is discharged in retaliation for complaints about conduct by the employer that he or she believes to be unlawful, e.g., failure to pay overtime, or failure to comply with safety regulations.

Sexual Harassment:
Sexual harassment is any unwanted and unwelcome sexual behavior. It involves a broad range of conduct, including such verbal harassment as derogatory comments, explicit sexual comments and descriptions of sexual exploits, leering or requesting sexual favors. The term also describes physical harassment, ranging from inappropriate touching to outright sexual assault. In order to be classified as illegal the conduct in question must be both unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, prohibited in employment settings under Title VII of the Civil Rights Act of 1964. Title IX of the 1972 Education Act makes sexual harassment in schools or other educational settings unlawful. The Federal Fair Housing Act also provides protection against sexual harassment, and most states have enacted legislation making it unlawful.

Overtime Compensation:
Under both State and Federal law employers are required to pay additional compensation to eligible employees who work more than forty hours during any seven-day period. For every hour over forty hours in any given workweek the employer must pay the eligible employee at least one and one-half times the employee's ordinary hourly rate.

Severance Agreements:
A severance agreement is a form of settlement agreement under which an aggrieved employee agrees to accept an agreed sum of money in exchange for, among other things, abandoning all claims against the employer.  Where it can be negotiated, a severance agreement saves money and aggravation for both sides. Severance agreements commonly include such provisions as "mutual non-disclosure of terms," an agreement that the employee will not compete against the employer, and that neither the employer nor the employee will make negative comments about the other.

Trade Secrets Agreements:
Employment contracts frequently contain provisions for the protection of the employer’s “trade secrets.”  These may range from customer data of one kind or another, to company designs, or even “secret recipes.” Typically, the Trade Secrets clause of an employment contract will provide for “liquidated” damages in the event of disclosure of the information. Liquidated damages are a set dollar figure agreed-upon in advance, to be paid in the event the contract clause is violated.

Non-competition Agreements:
Non-competition agreements are provisions contained within an employment contract which restrict the activities of an employee after leaving the service of the company. Courts treat non-competition agreements with suspicion—with an eye toward preventing unnecessary and unreasonable interference with a person’s livelihood after severance of the employer/employee relationship. Colorado has specific statute making non-competition agreements void and unenforceable, except in only narrow circumstances. C.R.S. Section 8-2-113(2).

The Courts will often decline to enforce “unreasonable” non-competition agreements. A non-competition clause in the agreement under which a used car lot employs an auto mechanic will likely be summarily rejected by the court as unreasonable. The agreement must be reasonable in duration. A non-competition agreement barring the sales manager of a used car lot from engaging in the used car business for the rest of his or her life, or for 50 years, would probably be denied enforcement, while one with a 2-year term might well be enforced.  Non-competition agreements must be reasonable in the area covered. If the agreement precludes the sales manager from engaging in the used car business anywhere in North America, it will almost certainly be denied enforcement as unreasonable.

Whistleblower Claims:
Whistleblower Claims involve employer retaliation, sometimes to the extent of Wrongful Termination, against an employee who reports the improper or unlawful conduct of another employee or of management itself to government authorities. In most instances, it is illegal for an employer to retaliate against a “whistleblower.”

Administrative Law:
Administrative Law is a system of justice outside the judicial system that is designed to bring resolution to conflicts arising within a detailed and technical structure of regulations. Administrative Law Courts have a reputation for resolving issues with greater speed and efficiency than the judicial system. Final Administrative Law decisions can be challenged in the Courts, but not until all administrative remedies have been exhausted. Final Administrative Law decisions can also be converted to Court Judgments and then enforced by any of the traditional remedies available for the enforcement of civil judgments.

Injunctions:
Injunctions are a type of Court Order that either requires or prohibits specified conduct or behavior. Injunctions are remedies frequently used in employment cases. They involve such situations as injunctions requiring striking public employees to return to work, or injunctions requiring someone to stop engaging in an unlawful employment practice.  Willful failure to comply with an injunction can lead to a citation for contempt of court, and can result in significant money sanctions or even time in jail for the purpose of coercing compliance.

Employment Policy Manuals & Employee Handbooks:
An extraordinarily high percentage of Employment Law conflicts arise because there simply is no established company policy on a particular issue or the existing policy is either unknown or poorly understood. Competent Employment Law counsel can help draft and put together a company policy manual that is both comprehensive and understandable, and an employee handbook that leaves no doubt as to what is expected from each employee, and what he or she can expect from the company.

If you or someone you know needs the help of an experienced Littleton Colorado Labor attorney, call Arckey & Reha, LLC today at 866-343-5623, or complete the contact form provided on this site to schedule a consultation. Note: We charge a fixed fee for consultations. We will review a narrative and other important documents prior to the consultation, and meet with new clients for up to 90 minutes. Currently, the fee is $350.00.

Case:
EEOC/Ornelas v. Milgard Manufacturing Company United States District Court for District of Colorado. Civil action, co-counseled with the EEOC involving claims of racial discrimination and retaliation under Title VII. Our client spoke out against racial discrimination. She filed a charge of discrimination with the Equal Employment Opportunity Commission. The EEOC filed a lawsuit and on behalf of our client, we filed a complaint in intervention as an Intervener seeking damages on her own claims.

Result:
After several years of litigation, including numerous depositions taken in Washington and Colorado, the parties entered in to a Consent Decree settlement of over $3,000,000.00 to the class participants and Intervener.

Case:
Female Employee v. Insurance Company, United States District Court for District of Colorado. On behalf of our client we filed claims of gender discrimination, retaliation and violation of Equal Pay Act against her former employer. Our female client had voiced complaints about unequal pay for females and male preferential treatment in the workplace.

Result:
After numerous depositions taken in three separate states, a confidential settlement was reached. Our client received a six figure settlement with a value of three times her salary.

Case:
State Employee v. Colorado Department of Personnel. Our client was a state of Colorado employee. He was terminated from his job for allegedly violating work rules. Our client filed his own appeal contesting his termination and then came to us to litigate his case.

Result: 
After four (4) days of trial before a state Administrative Judge, he was ordered reinstated with full back pay, benefits and statutory interest. The parties later entered into a confidential settlement resolving issues on appeal. Our client received all of his back pay, benefits and attorney’s fees.

Case:
Federal Employee v. United States. Our client was a federal employee working at the Denver Federal Center. She was terminated from her position. She then pursued claims of discrimination based on sex, sexual harassment, disability, and reprisal. We represented her throughout the informal and formal stages of federal employee discrimination processes. As trial to an EEOC Administrative Judge commenced, the parties reached an agreement.

Result:
A confidential settlement into six figures provided our client with the equivalent of 3 years of income, expungement of her records in her official personnel file and payment of all of her attorneys’ fees.

Case:
Female Nurse v. Hospital, United States District Court for the District of Colorado. On behalf of our client, we filed a lawsuit for claims of violation of FMLA and retaliation in violation of FMLA, discrimination under ADA, violations of unlawful disclosure of confidential information and prohibited medical inquiries under ADA, retaliation under ADA, retaliation under Title VII, wrongful discharge in violation of public policy, intentional interference with contract, and abuse of process.

Result:
A confidential settlement awarding our client a value of over two years worth her salary and payment of all of her attorneys’ fees.

If you or someone you know needs the assistance of an experienced Littleton Colorado Labor and Employment attorney, call Arckey and Reha, LLC today at 866-343-5623, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
Arckey & Reha, LLC
26 West Dry Creek Circle, Suite 800
Littleton, CO 80120
Phone: 866-343-5623
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours

MEMBERS OF THE FIRM:

• Attorney Thomas J. Arckey

Thomas J. Arckey is a founding partner of Arckey & Reha, LLC. Tom’s practice focuses on employment law, and he also practices in civil and commercial litigation. He has 25 years experience counseling and litigating matters in these areas for individuals and businesses. His employment law practice includes working with individuals who have experienced discriminatory treatment and or retaliation on the basis of sex, race, religion, age or disability under federal statutes including Title VII, the ADA, the ADEA, FMLA, as well as the Colorado Anti-Discrimination Act. He also handles wage disputes arising under the Colorado Wage Act and the FLSA, concerning unpaid wages and commissions and overtime requirements. He also deals with matters related to unfair competition, including non-compete agreements and trade secrets. Tom is an experienced litigator having tried cases in federal and state courts.

Tom is a recognized authority in these areas, and was recognized as a Super Lawyer by Colorado Super Lawyers magazine in 2007. He also received the Editorial Excellence Award by Trial Talk magazine in 2005, and has served as the Employment Law Editor of Trial Talk for seven years. He has authored and lectured on many articles on employment law issues. He is co-Author and Instructor of “Trade Secrecy and Non-Competition Covenants in Colorado” for NBI Seminars. He volunteered on the Littleton Board of Adjustment from 2001 to 2009. Tom also devotes pro bono legal time to help disadvantaged youth.

• Court Admissions: 1985, Colorado, U.S. Court of Appeals, U.S. Court of Appeals, 10th Circuit, U.S. District Court
• Date Admitted to the Bar: 1985
• Colleges Attended, Degree & Year Graduated: Florida State University , Bachelor Science, 1981; University of Denver, Juris Doctor, 1984
• Professional Memberships & Achievements: Colorado Bar Association; Arapahoe County Bar Association; Plaintiff Employment Lawyer’s Association; National Employment Lawyer’s Association

• Attorney John F. Reha

John’s practice is devoted to litigating complex commercial disputes, unfair competition cases, matters relating to covenants not to compete and trade secrecy restrictions. He has advised numerous clients in these areas and has successfully handled many large disputes, including numerous trials in various courts around Colorado, both to judges and juries. John is a recognized authority in these areas, and has been published numerous times and serves as a teacher and speaker for various groups on these topics. John’s article “The Law of Trade Secrecy and Covenants not to Compete in Colorado” has the unique distinction of being one of only a select handful of two-issue lead articles in The Colorado Lawyer, the monthly professional journal of the Colorado Bar Association.

John not only represents clients as an advocate in the areas of trade secrecy, unfair competition, and the law of intangible property, he has been requested by other attorneys to bring his expertise in the area to their assistance, either as special co-counsel or to serve as an expert witness. John created the leading professional education course for other Colorado lawyers in the areas of trade secrecy, non-competes and unfair competition, and has been on the adjunct faculty of the Colorado Society of Certified Public Accountants for a decade, teaching his full day seminar on business acquisitions from the lawyer’s perspective.

John is active in the community, and has for twenty years served as one of the primary leaders of one of Denver’s largest Thanksgiving food drives, which annually feeds upwards of 3,000 people (and which gives John the joy of being a truck driver for a couple of days every year). John spends his “down-time” riding his bike, listening to the Blues, doing home renovation projects and serving as both the office humorist and trivia master, especially relating to pop culture and the history of American music.

John’s articles and other publications are:

"The Law of Trade Secrecy and Covenants not to Compete in Colorado," Parts I and II, Colorado Lawyer, April-May, 2001; Business Acquisitions, 1998-2007, and Due Diligence Procedures, 1991-2000, Colorado Society of CPA's; "Fighting Check Fraud," Bank Management Magazine, Bank Administration Institute, Chicago, Illinois, December, 1990; "Establishing an Effective Soft Asset Protection System," Preventive Law Reporter, The National Center for Preventive Law, University of Denver School of Law, March, 1994; "The Preventive Practitioner's Guide to Acquisitions," Preventive Law Reporter, The National Center for Preventive Law, University of Denver School of Law, October and December, 1994 (two part series); "Effective Preventive Law Interviewing Techniques, "Preventive Law Reporter, The National Center for Preventive Law, University of Denver School of Law, December, 1995; Trade Secrecy and Non-Competition Covenants in Colorado: Effective Drafting and Enforcement, National Business Institute, 2000-2005.

• Court Admissions: Iowa and U.S. District Court, Southern District of Iowa, 1980; Colorado and U.S. District Court, District of Colorado, 1982; U.S. District Court, Southern District of Texas and U.S. Claims Court, 1984; U.S. Tax Court, 1985; U.S. Court of Appeals, 10th Circuit, 1990
• Date Admitted to the Bar: 1982
• Colleges Attended, Degree & Year Graduated: Luther College, Bachelor Arts, 1977; University of Iowa, Juris Doctor, 1980
• Professional Memberships & Achievements: Colorado Bar Association; Arapahoe County Bar Association

• Attorney Sara E. Yelton

Sara E. Yelton is an Associate attorney for Arckey & Reha, LLC. Sara handles all facets of employment law. She works with individuals who have experienced discriminatory treatment and or retaliation on the basis of sex, race, religion, age or disability under federal statutes including Title VII, the ADA, the ADEA, FMLA, as well as the Colorado Anti-Discrimination Act. She also handles disputes arising under the Colorado Wage Claim Act and the FLSA, concerning unpaid wages and commissions and overtime and minimum wage requirements. She also handles employee benefits issues that arise under ERISA. Additionally, she is adept at handling matters related to unfair competition, including non-compete agreements and trade secrets. Some of her recent accomplishments include assisting a young mother with obtaining compensation for being unlawfully terminated because of her pregnancy, aiding an experienced IT professional in obtaining over $60,000 in back wages he was owed under the Colorado Wage Claim Act, and helping a terminated sales professional obtain a release from a restrictive covenant that prevented him from engaging in his chosen profession.

Sara interned for the Honorable Timothy Fasing, Judge in the Arapahoe County District Court. Prior to becoming an associate at Arckey & Reha, LLC, she obtained experience in worker’s compensation and family law. Sara published: “Dismantling Discrimination: Insight into the Lilly Ledbetter Fair Pay Act of 2009,” Trial Talk, June/July 2009.

• Court Admissions: State of Colorado-October 2005, U.S. Court of Appeals, 10th Circuit-June 2006, U.S. District Court-July 2007
• Date Admitted to the Bar: 2005
• Colleges Attended, Degree & Year Graduated: University of Colorado, Bachelor of Science in Journalism. 1996; University of Denver, Juris Doctor, 2005
• Professional Memberships & Achievements: Denver Bar Association; Colorado Bar Association; Plaintiff’s Employment Law Association; National Employment Law Association; Alliance of Professional Women

• Jane Tryggestad, Paralegal

• Education: University of Texas (B.B.A. 1982); Arapahoe Community College – Paralegal Degree Program (2001)
• Experience: 8 years experience with Arckey & Reha, LLC in Employment Law, Civil Litigation, Business Litigation

• Diane Shotkoski, Paralegal

• Education: Arapahoe Community College – Paralegal Degree Program (1992)
• Experience: 17 years paralegal experience in Employment Law, Civil Litigation, Business Litigation, Personal Injury, Insurance Defense, Medical Malpractice, and Family Law