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In the world of employment law, it is fairly uncommon to see discrimination cases that are based on discrimination against men but a recent case brought by the EEOC raises just that claim. According to the EEOC's suit, in the spring of 2013, the Ruby Tuesday restaurant chain posted an internal announcement within a 10-state region for temporary summer positions in Park City, Utah with company-provided housing for those selected. Andrew Herrera, a Ruby Tuesday employee since 2005 in Corvallis, Ore., wanted to apply because of the chance to earn more money in the busy summer resort town. However, the announcement stated that only females would be considered and Ruby Tuesday did in fact selected only women for those summer jobs, supposedly from fears about housing employees of both genders together. Ruby Tuesday's gender-specific internal posting excluded Herrera and at least one other male employee from consideration for the temporary assignment.

Posted by on in Criminal Defense

I am often contacted by people who want to seal or expunge their criminal record. This only makes sense considering the prevalence of computer records today and the ease with which anyone can check on the background of others. In Colorado there are several laws that deal with these issues. Here is some basic information:

Posted by on in Employment Law

The EEOC recently completed its statistics for the year 2014. Overall, charges of employment discrimination have declined to the lowest number since 2007, but charges of retaliation have increased and comprise the highest-ever percentage (42.8%) of filings.

Posted by on in Employment Law

Effective on January 1, 2015 and applying to claims arising from that date, Colorado has a new wage Law.

Bloomberg BNA, December 2, 2014

Posted by on in Employment Law

The following is a general brief outline of wage and hour law. There are numerous exemptions, exclusions and standards that are not discussed. If you need legal advice or assistance, you must not rely on the following as legal advice and must instead seek legal assistance for your specific situation. You must also be aware that for all legal claims, including wage and hour claims, there are time limits that apply to claims and the failure to pursue a claim within the applicable time period will cause any such claim to fail.

Posted by on in Employment Law

One of the most common calls I get is from someone who believes they were “wrongfully” terminated from their job. As the conversation develops I often learn that the caller is upset because he or she feels that the termination was “unfair” or was based on something that was not their fault or responsibility.

Posted by on in Criminal Defense

“[A]ny lawyer worth his salt will tell [his client] in no uncertain terms to make no statement to the police under any circumstances."

First, all crimes require both a physical act and a certain mental state. Even if you did the thing you are accused of may not make you guilty of a crime. For example, the differences between First Degree Murder, Second Degree Murder, Manslaughter and Criminally Negligent Homicide are primarily based on the mental state of the accused. One of those crimes carries a penalty of death or life in prison without parole while the others carry vastly lesser sentences and for some, even the possibility of probation.

Posted by on in Criminal Defense

Well, sometimes not much, and sometimes quite a lot. The problem is that there is no way to know what can be done and should be done without actually working on the case.

Law schools don’t just teach the law. In fact they do relatively little of that. What they focus on is training lawyers in critical thinking, legal analysis, persuasive writing and speaking, effective legal research and legal concepts that guide lawmaking and judicial decision-making. Even after four years of college and three years of law school and after passing the state bar exam and having the grades, communication skills and talent to get hired as an attorney, new lawyers get additional training specific to their area of practice, specific the courts in which they will be working and the types of cases they will be handling. Few new lawyers work without close supervision for the first several months or more and often are not allowed to appear in court for quite a while without a more senior attorney there as well. And even with that, many lawyers are uncomfortable in a courtroom environment.

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Posted by on in Criminal Defense

I get asked this question fairly often and it is hard to answer. I don’t want to be seen as trying to “sell” my professional services to people or to scare people into hiring me or another attorney, but I also don’t want to tell someone they should represent themselves, knowing that it could be a terribly bad decision.

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