Holding Employers Accountable

Our Experience With Employment Litigation

The attorneys at Ogborn Mihm LLP have represented employees who were discriminated against, harassed, subjected to unequal pay, retaliated against, and forced to quit their jobs. Our attorneys have successfully represented employees who have suffered severe gender and race discrimination, and we have achieved results that not only compensated these employees, but also forced systemic changes in how the defendants operated. We have achieved similar results in retaliation and wrongful discharge cases where our clients were terminated for refusing to participate in illegal conduct.

Our goal in every employment case is two-fold: Achieve compensation for our client and deter the defendant and other employers from engaging in illegal discrimination in the future. The lawyers at Ogborn Mihm work tirelessly to achieve these goals and advocate for victims of workplace abuse.

Wrongful Termination

Although Colorado is an “at will” employment state, certain state and federal laws protect employees from wrongful termination. An exception to the general “at will” employment doctrine protects employees who were wrongfully terminated in violation of public policy.

Generally speaking, “at will” employment means an employer may terminate an employee for any reason, or no reason, but not the wrong reason. The wrongful termination in violation of public policy exception prohibits employers for terminating employees for refusing to break the law. Under the wrongful termination in violation of public policy exception, employees may be entitled to compensation as a result of being terminated for refusing their employer’s request that they violate some public policy. In most circumstances the public policy is represented in a state or federal statute.

The attorneys at Ogborn Mihm LLP have experience in litigating and successfully resolving claims for wrongful termination.

Discrimination, Harassment and Unequal Pay

Federal and state laws protect employees from discrimination and harassment at the workplace. Employees who have been discriminated against because of their age, gender, sexual orientation, disability, race, ethnicity, color, or genetic information, may seek compensation for the economic losses and emotional harm caused by their employer’s discriminatory actions. Employees who have suffered harassment on the same bases may be entitled to compensation, even if they quit their job.

Employees who complain about discrimination and harassment to their employer and are retaliated against for raising these issues are also protected under state and federal law.

Employers are also required to pay Equal Pay for Equal Work, regardless of gender. Consequently, employees who are paid less than their counterparts of a different gender may be entitled to recover the difference in their pay.

The attorneys at Ogborn Mihm LLP have experience in a wide range of harassment and discrimination cases, including those involving retaliation, and have been successful in achieving results that benefit our clients.

Employment Contracts

Senior management and other employees may be offered contracts at various stages of their employment. Once hired, an employee may be offered an employment contract. When the employee is terminated or quits she may be offered a severance or release agreement. All of these contracts have specific future ramifications and terms that will affect the employee’s rights going forward. Such contracts should be properly drafted and negotiated to avoid problems down the road.

Once entered into, contracts are often broken. Employers often terminate employees who have an employment contract. In such cases the employee is usually due compensation for the remaining term of the contract.

The attorneys at Ogborn Mihm LLP represent employees in all phases and aspects of employment contract matters, from negotiation to litigation. If you feel that you have been wrongfully terminated from your employment, discriminated against, or harassed, call us.

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Featured Cases

Racial Harassment and Discrimination on the Oil Field – Confidential Settlement. The lawyers of Ogborn Mihm represented an African-American man who was subjected to severe racial harassment while working on a Northern Colorado oil field, including the repeated use of the N word.

Teenager Subjected to Sexual Harassment and Constructive Discharge-Plaintiff Verdict after Administrative Hearing. The lawyers of Ogborn Mihm represented a teenage girl who suffered sexual harassment by her manager at her first job as a delivery driver after school. We were able to achieve a favorable verdict and damages award after an administrative judge found in our clients favor.

Fire Marshal Reports Gender Discrimination and Pay Inequality – Confidential Settlement. The lawyers of Ogborn Mihm represented a female Fire Marshal who was repeatedly harassed, passed over for promotions, and paid thousands of dollars less than her male counterparts. After we brought a lawsuit under Title VII, the Equal Pay Act, and for violation of the First Amendment, the parties resolved the case through settlement.

Real Estate Agent Terminated for Complying With State Law– Confidential Settlement. The attorneys at Ogborn Mihm represented a real estate agent who was terminated for refusing to violate his obligations under Colorado’s real estate statutes.

General Counsel Blows Whistle on Illegal Conduct – Confidential Settlement. When an in-house attorney at an international company blew-the-whistle on violations of the Foreign Corrupt Practices Act and other illegal activity, Clayton represented the attorney in extremely contentious multi-million dollar litigation, playing a key role in protecting the client from retaliatory counterclaims for using company documents and information. As a result of the tenacious representation provided by Clayton and his colleagues, the attorney was able to achieve a favorable confidential settlement.

Saleswomen Subjected to Physical Sexual Harassment by Customers– Confidential Settlement. The lawyers of Ogborn Mihm represented a saleswoman whose supervisor forced her to call on customers that had repeatedly sexual harassed her.

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