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Employment Litigation

The employment attorneys at Ogborn Mihm LLP have represented employees who have been discriminated against, harassed, subjected to unequal pay, retaliated against, or forced to quit their jobs.  In every employment case, we have two goals: recover compensation for our client and deter the defendant and other employers from doing it again. We work tirelessly to advocate for victims of workplace abuse and achieve these goals. For a free consultation from an Ogborn Mihm employment attorney, fill out our case review form.

Ogborn Mihm’s employment lawyers also represent and advise employees regarding negotiating and bringing claims for breach of a wide range of employment-related contracts.  Many employees are asked to sign a contract at the beginning of their job and again at the end. We represent employees in the negotiation of both. Further, many professionals have employment agreements that grant them certain benefits and protections.  Finally, employees are often forced to sign confidentiality and non-compete agreements that improperly restrict their ability to work. We counsel clients on these agreements, and others, and negotiate on their behalf.

Sexual Harassment and Assault Courtroom

Severe or pervasive harassment of an employee because of gender, sex, or sexual orientation violates many workplace protections, including Title VII and state anti-discrimination statutes.  When the conduct of a co-worker makes a work environment hostile, when a co-worker repeatedly makes unwanted sexual overtures, when sex-based or sexualized names or slurs are used regularly, or when an employer stereotypes an employee on the basis of their sex, a potential sexual harassment claim may be brought.  The lawyers at Ogborn Mihm represent individuals whose work has been made difficult as a result of sexual harassment.

Wrongful Termination

Although most employees are “at will,” this does not mean they have no protections. There are several forms of wrongful termination or discharge claims. First, an employer may not terminate an employee in violation of public policy, such as in retaliation for complying with a licensing requirement, refusing to engage in illegal activity, or reporting illegal conduct. Whistleblowers are also protected by state and federal law. Second, an employment contract may be implied from a handbook or communications that restricts an employer’s ability to terminate. Also, an employer cannot terminate an employee for engaging in lawful activities outside of work.

Courthouse Employment Contracts

Whether it is a contract providing for a certain period of employment, or for termination only for cause, or restricting what an employee can do after they leave, contracts can affect hiring and termination.  Sometimes, despite a contract requiring it, an employer terminates an employee without cause or refuses to pay severance. In such circumstances, the employee may have a breach of contract claim. In other circumstances, a former employer may sue an employee for breach of a noncompete provision.  The attorneys at Ogborn Mihm represent clients in such contract claims.

Discrimination, Harassment and Retaliation

Generally, under state or federal law, an employee cannot be discriminated against due to race, sex, religion, disability, age, national origin, or sexual orientation. Employers also cannot pay unequal compensation for equal work. Harassment on the basis of protected attributes is unlawful discrimination as well. Further, an employee cannot be retaliated against for opposing, or participating in, the investigation or filing of a complaint regarding discrimination or harassment. The attorneys at Ogborn Mihm represent employees at all stages of the employment claim process.

Featured Cases

Breach of Employment Contract:

Ogborn Mihm represented an executive when his employer terminated him in violation of his employment contract, refused to pay him severance under the contract, and failed to grant him the ownership interest he was promised.  After extensive discovery and motion practice, Ogborn Mihm’s trial layers obtained a $1.26 million jury verdict in the executive’s favor.

Sex Discrimination and Harassment:

Ogborn Mihm represented a female fire marshal and deputy chief who suffered severe harassment, pay inequality, and discrimination in violation of the Equal Pay Act, Title VII, and the Equal Protection Clause.  We were able to achieve a favorable settlement that helped correct many of the department’s policies, procedures, and workplace environment so that future female firefighters could succeed.

Wrongful Termination:

Ogborn Mihm represented a real estate agent who was terminated for following the requirements of his state license.  We were able to achieve a favorable settlement after defeating the defendant’s summary judgment motion, in an opinion that has helped expand the scope of wrongful termination in Colorado.

Sexual Harassment:

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 client’s favor.

Discrimination and Retaliation:

Ogborn Mihm represented a CFO against her former employee after she was terminated just weeks after reporting concerns with the company founder’s sexual harassment of women and the company’s gender-based pay inequality.  We were able to achieve a favorable settlement before ever filing a lawsuit.

Failure to Pay Commissions:

When a Silicon Valley social media and online video advertising company refused to pay a website advertising salesman the seven-figure commission he had earned under his employment agreement, we sued and were able to get a favorable settlement before trial.