Colorado Employment Law and Non-compliant Employees

by | Jan 5, 2025 | Business News

Colorado Employment Law and Non-compliant Employees

Dealing with a Non-Compliant Employee: Listen First, Then Act

For many business owners and managers, few responsibilities feel more uncomfortable than disciplining — or potentially terminating — an employee. When an employee refuses to follow policies, procedures, or reasonable instructions, the instinct is often to “get to the bottom of it” before moving toward formal discipline or termination. That instinct is usually right. Addressing non-compliance effectively requires both clarity and empathy.

This article outlines practical steps for understanding what’s driving the behavior, how to respond, and when it may be appropriate to set firm consequences — including termination — under Colorado’s at-will employment framework.

Start by Understanding the Issue

Non-compliance almost always has a reason behind it. You may or may not agree with that reason, but you should understand it — and you should hear it directly from the employee. Avoid relying solely on second-hand information from supervisors or coworkers; doing so can distort the facts and leave the employee feeling unheard.

Schedule a private conversation and ask open-ended, factual questions:

  • “Help me understand what’s getting in the way of following this policy.”

  • “Is there something about the process that doesn’t make sense or feels unworkable?”

  • “Is there anything happening that I may not be aware of?”

Listen without interrupting, reflect what you’ve heard, and confirm that the employee feels understood. Only after that foundation is built can you fairly evaluate next steps.

Use the Right Type of Motivation

If the employee’s explanation does not justify the non-compliant behavior — but the employee is otherwise valuable — consider whether coaching or motivation may help. Different people respond to different incentives:

  • Positive motivators (clarity about growth, trust, recognition, workload support)

  • Accountability-based motivators (clear expectations, deadlines, performance visibility)

Avoid vague statements such as “you really need to do better.” Instead, define the behavior expected, why it matters to the organization, and how you will measure follow-through.

Document the conversation, expectations, and timeline for improvement.

When It’s Time to Set Firm Expectations

After listening and clarifying expectations, there may be situations where continued non-compliance cannot be tolerated. In those cases, it is appropriate to clearly state that compliance is required as a condition of employment.

Management expert Alison Green recommends setting expectations plainly and noting that failure to comply may jeopardize the employee’s job. The goal is clarity, not threat — the employee should fully understand the seriousness of the situation and what will happen if behavior does not change.

Provide:

  • A specific expectation

  • A reasonable time frame

  • The consequences of further non-compliance

  • Written documentation of the conversation

A Note on Colorado’s At-Will Employment

Colorado follows the doctrine of employment-at-will. In general, this means that — in the absence of a contract or other legal protections to the contrary — either the employer or employee may terminate the employment relationship at any time, with or without notice.

However, termination cannot be for an unlawful reason, such as discrimination, retaliation, or other protected-class or protected-activity violations. Even when termination is legally allowed, employers should still:

  • Document performance and behavior issues

  • Apply policies consistently

  • Follow any written procedures in handbooks or contracts

  • Seek legal guidance in uncertain situations

Proper documentation can be especially important if the employee later disputes the termination.

Laws and regulations evolve over time. Before taking disciplinary or termination action, consult a Colorado employment attorney to ensure your approach complies with current state and federal law and with your specific business circumstances.

Get Guidance Before You Act

If you are dealing with a non-compliant employee and want to better understand your responsibilities, risks, and options under Colorado law, I can help. Contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., your Denver Small Business Attorney.

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

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Colorado Mandatory Reporters

by | May 15, 2023 | Business News, Employment Law

Colorado Mandatory Reporters

Under C.R.S. 19-3-304, there are numerous people that are required by law to report child abuse and neglect based on their profession. These individuals are commonly known as mandatory reporters. This includes many individuals which common-sense would say interact with children and know about abusive situations such as:

  • medical doctors in almost all medical professions including MDs, ODs, chiropractors, and optometrists;
  • dentists and orthodontists;
  • nurses and others involved in the treatment of patients;
  • most individuals that work with children such as daycare workers, teachers, school officers, and social workers;
  • religious personnel, including Christian Science practitioners;
  • therapists; and,
  • peace officers, parole officers, and firefighters.

In addition to the above, there are a lot of others that many times may not be so obvious. This includes some film processors, dietitians, and individuals employed with an athletic program. For some, this was the result of widespread abuse being learned out (such as with the Penn State child abuse scandal) after the fact or in others because new technology was created that resulted in new areas where abuse could be discovered.

Training

While many individuals that are employed through governmental agencies receive training on mandatory reporting and their obligations as mandatory reporters, for smaller businesses, training may be lacking and, in some cases, individuals may not even know they are mandatory reporters.

When to Report

For individuals who are mandatory reporters, if a mandatory reporter knows or suspects that a child has been abused or neglected (including reasonably suspecting that abuse or neglect is occurring based on what they observe then the mandatory reporter is required to report this to the proper authorities. In most cases, even if the mandatory reporter learns about this in what otherwise would be a privileged communication, the mandatory reporter is still required to report it.

There are special circumstances that apply in some cases if the abuse is learned after the person suspected of being abused has turned 18 since the abuse happened, the individual learns of the abuse through protected communication, or the person is no longer in a position of trust in regard to children under the age of 18.

For More Information

If your Colorado small business has employees that fall under any category that is required to be a mandatory reporter, as a business owner you should have rules and procedures in place to train your employees what to look out for and how to report it. If you need help with any policies and procedures for your Denver small business, including those for mandatory reporters, please contact me, your Denver small business lawyer, today at 720-258-6647 or schedule online today!

 

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

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Colorado Employment Law – 4 Regulations You May be Breaking

Colorado Employment Law – 4 Regulations You May be Breaking

by | Dec 12, 2018 | Employment Law

Colorado Employment Law – 4 Regulations You May be Breaking

The purpose of employment law is simple in theory: to protect employees’ rights and define employers’ responsibilities and obligations. However, as small business owners know, putting those principles into practice and adhering to the thousands of federal and state statutes that cover everything from equal opportunity and fair pay to physical well being and safety can be very challenging.

Ironically, this can be especially true for employers who are trying to create an environment that allows employees more freedom. In many cases, bending the rules may mean you are breaking the law. And while your intentions are good, there can still be legal consequences including lawsuits from employees and penalties from the government.

Common Misconceptions About Employment Law

Is your small business unintentionally breaking Colorado employment law or federal law? Some of the most common violations include:

Flexible lunch breaks
In Colorado, the regulations around breaks and meals apply to employees and employers covered by the Colorado Minimum Wage Order. This order regulates wages, hours, working conditions and procedures for some employers and employees in these industries: Retail and Service, Commercial Support Service, Food and Beverage, and Health and Medical. It stipulates that “Employees shall be entitled to an uninterrupted and ‘duty free’ meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work.” Consequently, if you allow employees to skip lunch so they can leave work earlier, you are in violation of the order.

Allowing employees to work longer days but not paying overtime

Colorado law specifies how employees are to be paid for overtime. This includes that they “shall be paid time and one-half of the regular rate of pay” if they work more than 12 hours in one work day. This is true whether it is at your request or by their own choice. So, if you give employees the freedom to work longer days but fewer of them, and any of those longer days exceed 12 hours, you must compensate them with overtime pay. Many small business owners incorrectly believe that if an employee chooses to work long days, overtime pay is not required. That mistake can result in penalties and being required to provide back pay.

Incorrectly classifying employees as independent contractors

The idea of classifying someone who does work for you an “independent contractor” can be appealing both to them and to you in some instances. However, incorrectly labeling a person that way can lead to legal issues. Generally speaking, a person is an independent contractor if you have the right to control or direct the output of their work, but they get to determine how it will be done. It’s a definition with plenty of room for interpretation, so getting some employment contract legal help if you have any questions or concerns is a good idea.

Excusing your staff from sexual harassment training
You may believe that your staff understands what sexual harassment is and will not commit it, and therefore you choose not to provide training that will take time out of their busy day. However, the State of Colorado Civil Rights Commission Rules and Regulations encourages employers to “take all steps necessary to prevent discrimination, including harassment, from occurring, such as: affirmatively raising the subject, expressing strong disapproval, promulgating and distributing an anti-discrimination policy, training, developing appropriate sanctions, informing affected individuals of their right to raise and how to raise the issue of discrimination, and developing methods to sensitize all concerned.” If you choose not to make training available, you clearly are not following this directive and may be opening yourself up to legal issues, especially if an incident occurs.

Complying with Employment Law – Do Your Homework

Colorado employment law and federal employment law are complex. However, the regulations are well documented. By doing some research on sites like the Colorado Department of Labor and Employment web portal and www.usa.gov/labor-laws, you can develop a general understanding of what is required of your small business. That foundation will serve you well when you then seek additional guidance from a Denver business attorney.

If you need help interpreting Colorado employment law, or determining whether or not you are in compliance with federal and state statutes contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Managing Employees and Keeping Good Records

Managing Employees and Keeping Good Records

by | Nov 8, 2018 | Employment Law

Managing Employees and Keeping Good Records

Many small businesses thrive with a staff of one while others need dozens or even hundreds of employees to run smoothly. Regardless of how many people you employ, and whether or not you have a human resources department (which is likely you), it is important to follow labor and employment regulations and keep the same records for each employee. A Denver-based small business attorney will ensure you start off and stay compliant with all of the complex aspects of employment law from agreements and contracts to liability and workers’ compensation. This post will highlight what your employee files should and should not contain, so you are organized and protected in the face of an audit or lawsuit.

Hiring Employees and Obeying Employment Law

As a small business owner, your checklists never end. Hiring a new employee means yet another checklist: get an Employer ID Number (EIN), register for an unemployment account, sign up for workers’ compensation coverage, submit employment verification, classify workers properly, implement an employee handbook, display workplace posters, and so on. The various state and federal regulations can be dizzying, but once you have completed your new hire checklist, the next step is to maintain organized employee files.

Without certain documents on file, you are not only subject to costly audits and fines, but you are actually at risk of being shut down.

What Colorado Small Business Employee Files Should Contain

  • employment contracts, agreements, or acknowledgments between the employee and you
  • documentation related to employee performance, including commendations as well as disciplinary actions taken (this is particularly helpful when you are asked to give a reference for a former employee)
  • job description
  • application and resume
  • offer of employment
  • W-4 form
  • Colorado employee withholding allowance certificate
  • employee signature upon receipt of employee handbook
  • position/rate change forms
  • requests for time off
  • emergency contact and next of kin information
  • documents of any training programs completed by employee
  • warnings of poor attendance or frequent tardiness
  • documents relating to an employee leaving the company (exit interview or clear documentation of why an employee was terminated)

Maintaining certain records separate from employee files allows for appropriate access by managers, employees, and outside auditors while preventing people from having inappropriate access to other employee information.

What Employee Files Should Not Contain

  • documents or entries that do not relate to the employee’s job performance or qualifications (e.g. political views, private life, or criticisms involving race, gender, or religion)
  • medical records (if you employ someone with a disability, you are required by law to keep that employee’s medical records in a separate file with limited access)
  • Employment Eligibility Verification (Form I-9)
  • Equal Employment Opportunity (EEO) records
  • interview notes and employment test results
  • reference or background checks
  • drug test results
  • child support or garnishments
  • litigation documents
  • workers’ compensation claims
  • requests for employment or payroll verification

As a small business owner (and HR officer), it is your responsibility to provide your employees with a safe and healthy workplace, to comply with state and federal employment laws, and to maintain good records. Just as you keep track of your inventory or financial transactions, you should have complete records of all of your work with your employees. Your small business attorney will see to it that you are prepared and protected regardless of whether you are faced with an audit or lawsuit. Good records mean good business and peace of mind.

If you need help with employment law, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Common Employment Law Mistakes and How to Avoid Them

Common Employment Law Mistakes and How to Avoid Them

by | Feb 7, 2018 | Employment Law

Common Employment Law Mistakes and How to Avoid Them

Your small business may only employ a few people, but you are still subject to most of the same laws and regulations as corporations that employ thousands. Compliance with employment law will save your business from stressful audits or legal fines. A small business attorney will help you with every aspect of employment law from contract review to hiring to working with employees. Here are five of the most common areas where employers make mistakes when it comes to employment law compliance.

  1. Regulatory Agencies and Laws
  2. Americans with Disabilities Act (ADA)
  3. Employee Classification
  4. Occupational Safety and Health Administration (OSHA)
  5. I-9 Forms

1. Failing to Stay Current with Regulatory Agencies and Laws
Practically everything associated with employment law falls under here, and the number of regulatory agencies with their corresponding laws continues to grow rapidly. Some of the areas governed by regulatory agencies include: workplace safety and health laws (see #4 on OSHA), payroll and overtime payment laws (see #3 on employee classification), recordkeeping requirements (see #5 on I-9 forms), anti-discrimination (see #2 on ADA compliance) and anti-harassment laws, local, state and federal leave laws, and employee privacy laws. Creating a checklist before you begin hiring new employees and working with an attorney will ensure you start off and stay compliant with state and federal employment laws.

2. Not Following the Americans with Disabilities Act (ADA) Guidelines
The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. This applies to all employment-related activities, including recruitment, training, tenure, layoff, leave, and fringe benefits among others. The law protects individuals who have a disability, which means they have a physical or mental impairment that substantially limits one or more major life activities, they have a record of such impairment, or they are regarded as having such impairment. The U.S. Equal Employment Opportunity Commission’s website has ADA and other discrimination-related information for small businesses.

3. Mis-Classifying Employees
By classifying your employees accurately, you ensure they get the appropriate wages, benefits, and protections to which they are entitled. An exempt employee, according to the U.S. Small Business Association, is someone who is paid a specified amount of money regardless of the number of hours worked a week. These employees may be exempt from overtime payments and meal or rest breaks. Assuming it is easier to pay everyone a salary, however, can lead to problems. Be sure to classify your employees properly in order to avoid noncompliance issues with the Colorado Department of Labor and Employment and the U.S. Department of Labor. Your business attorney will help you with hiring employees, choosing the right employment contracts and agreements, keeping good records, and providing advice and representation in the event of an audit or lawsuit.

4. Ignoring Occupational Safety and Health Administration (OSHA) Regulations
OSHA’s detailed safety regulations include a General Duty Clause, for small and large businesses alike, which requires every employer to provide every employee with a work environment that is free from recognized hazards. It is your responsibility to communicate these rules to your employees via written safety and health rules in the form of visible signs and/or posters. In the unfortunate event of an accident at your business, you will need to take corrective action immediately. With a host of other federal acts, intended to protect employees, such as the Fair Labor Standards Act, the ADA, the Age Discrimination in Employment Act, and the Family Medical Leave Act, it is paramount that you understand and remain compliant with all aspects of employment law.

5. Keeping Invalid or Incomplete I-9 Forms on File
The I-9 form, also known as Employment Eligibility Verification, is completed by employees and employers in verifying the identity and employment authorization of every employee hired. Simple as it sounds, omitting or not completing I-9 forms can result in fines and legal trouble. Before filing it away, be sure the whole form is filled out, including dates and signatures – within three days of the employee’s hire date. Too often, employers miss the deadline or employees fail to provide the correct supporting documentation. You can provide a list of acceptable documents and allow the employees to make their own selection.

These are just a few of the many employment law mistakes and potential pitfalls for small business owners.

If you need help with employment law, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at: