EXPERIENCE + EXPERTISE+ KNOWLEDGE + STRATEGY = SUCCESS

Age Discrimination

Our client, a federal employee, successfully sued his federal agency for age discrimination.  He filed over a dozen requests for job promotions.  Each time he was denied and a younger, less qualified employee was promoted.  He was awarded over six figures, more than two years’ salary for failure to promote and attorney fees by an Administrative Law Judge.

Contract Negotiations

In 2018, we successfully negotiated an Executive Employment Severance Agreement in excess of $3,000,000 with a publicly traded company on behalf of our client, a long-term executive with the company.

In 2017, we successfully negotiated an Executive Employment Severance Agreement in excess of $4,750,000 for another executive at a private lending institution.

Class Action Victory

In the United States District Court for District of Colorado, our client, a human resource professional involved in hiring, complained that the company was not hiring African-Americans and persons of color.  Her employment was terminated.  A class action claim was filed for failure to hire and claims of racial discrimination and retaliation under Title VII and 42 U.S.C. § 1981.  After several years of litigation, including numerous depositions taken in Washington and Colorado, the federal court entered in to a Consent Decree settlement of $3,370,000.  Our client’s efforts also resulted in the EEOC establishing a monitoring program designed to increase the number of African Americans and black persons employed at the company.

EEOC/Ornelas v. Milgard Manufacturing Company, http://www.eeoc.gov/eeoc/newsroom/release/5-20-04a.cfm

Breach of Contract/Commercial Litigation Victories

Our client, a President of a bio-medical company, was wrongfully accused of violating company policies, rules and procedures to justify nonpayment of severance under the terms of the client’s Executive Employment Agreement.  We were successful in recovering all monies owed, two years’ salary, plus interest, attorney fees and costs.  To recover all of the compensation owed to our client, lawsuits were necessary in both the state and federal courts, including litigation under the Employee Retirement Income Security Act of 1974 (ERISA).

Our firm successfully prevailed in a breach of contract and interference of contract case.  After our client initially lost at the trial court in the District Court and on its appeal to the Colorado Court of Appeals, it made a Petition for a Writ of Certiorari to the Colorado Supreme Court.  The Colorado Supreme Court agreed with our client and disagreed with the lower appellate and trial courts.  Our client’s rights were vindicated.  United States Welding, Inc. v. Advanced Circuits, Inc., 420 P.3d 278 (Colo. 2018).

We successfully defended a $1,500,000 breach of contract and tortious interference claims against our client, a large cellular phone fiber optic cable company.  After 2 years of litigation, the Plaintiff received no monies and our client was awarded costs of defense.

After filing of a lawsuit, we successfully obtained a breach of contract settlement for our client, a large cellular phone fiber optic cable company in excess of $450,000.

Our client, a Geologist for an oil and gas company, was part owner of the company.  The majority owners wrongfully terminated her ownership interest and employment.  We were successful in obtaining the full value of her ownership interest and additional monies for her wrongful termination.

Wrongful Termination State Personnel Board Employee

Our client was employed by the state of Colorado.  He was terminated from his job for allegedly violating work rules.  Our client alleged that his supervisor violated work rules by unjustly terminating him.  Before an Administrative Judge of the Colorado State Personnel Board we presented our clients’ case for 4 days of trial.  Our client was vindicated, and the state of Colorado was ordered to reinstate him 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 and benefits and a substantial amount of his attorney fees.

Personal Injury

Our client was hit by an automobile was riding his bicycle resulting in severe injuries to his head and leg. We obtained a seven figure settlement on his behalf.

Our client slipped and fell on improperly maintained stairs at a Colorado resort. We obtained a six figure settlement for injuries sustained form the fall.

Commissions and Wages Victories

On behalf of our client, we received a confidential settlement for over 2.5 times the actual verdict in Denver District Court.  Our client was a sales person for a large information company that had offered only $5,000 to their former employee, prior to his retaining our law firm to prosecute the case.  After three years of litigation, our client received a jury verdict from a Denver jury for $175,000 under the Colorado Wage Claim Act.  After assessment of penalties, interest and attorney fees, the resolution required a payment by the employer for hundreds of thousands of dollars more than the verdict.

Our client, an account sales executive for a large software company, received a six-figure confidential settlement under the Colorado Wage Claim Act.  She was originally owed $28,000 in commissions.  The employer denied it owed our client any monies.  After significant litigation, including in Texas and Colorado, our client received penalties, interest and attorney fees under Colorado law for the failure to pay wages, and received a settlement that fully compensated her for the violations of law.

Our client, a server in a restaurant, was not paid the proper hourly rate and tips owed under the Colorado Wage Claim Act and Colorado laws and regulations requiring proper compensation to tipped employees.  After two years of litigation, we were successful in obtaining our client more than two years of back wages and tips.

Trade Secrets Trial and Appellate Victories

Triad Consultants, Inc. v. Wiggins, involved cases before the Douglas County District Court, the United States District Court for Colorado and the United States Tenth Circuit Court of Appeals. Triad filed a lawsuit against our client, the former president of Triad, in the United States District Court for Colorado alleging our client stole trade secrets and unlawfully accessed computers under the Computer Fraud and Abuse Act. The federal trial judge dismissed Triad’s lawsuit. Triad appealed its dismissal of claims to the United States Court of Appeals for the Tenth Circuit and a unanimous decision of the United States Court of Appeals agreed with the trial court and denied Triad’s appeal. Triad then filed a lawsuit in the state court against our client alleging 7 violations of law against our client. Our client filed counterclaims against Triad for failure to pay him stock and equity in the company as promised. A jury trial of five days resulted in a $201,000 state court verdict for our client.

Sex Discrimination and Unequal Pay

On behalf of our client, a sale representative for a large insurance company, we filed claims of gender discrimination, retaliation and violation of the 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.  After numerous depositions taken in Illinois, Colorado and California, a confidential settlement was reached.  Our client received a six-figure settlement with a value of three times her salary.

ERISA: Denial of Long-Term Insurance Disability Insurance Benefits

Our client was a disabled employee whose Long-Term Disability (LTD) benefits were terminated unilaterally by the insurance company.  Initially she was approved by her employer-provided insurance plan to receive LTD benefits.  Our firm filed a lawsuit under the Employee Retirement Income and Security Act (“ERISA”) seeking reinstatement of her benefits.  On behalf of our client, we obtained the right to proceed with depositions and written discovery.  Soon afterwards, our client was awarded a significant six figure settlement.

Our client worked as an administrative assistant for a company for over 15 years.  The company never included her in the company’s Self Employed Pension Plan.  She alleged that the company violated ERISA.  We brought a federal lawsuit against the employer and were successful in securing payment of full all owed to our client that should have been paid to her during her entire employment.

Disability Discrimination under the Americans With Disabilities Act

Our client, a successful and older account representative for a large manufacturing company, developed cancer.  Several months after his surgery he was terminated despite above average job performance.  On his behalf, we filed a federal lawsuit alleging disability and age discrimination.  The employer agreed to compensate our client more than three times his salary.

Our client was a nurse for a large hospital conglomerate.  She developed a significant spine and bone disease but was able to perform her job requirements.  Despite our client performing all of the job duties and having been an exemplary employee, the hospital terminated her employment prior to a large and expensive surgery she needed.  After almost two years of litigation, the hospital agreed to pay our client a very large sum of monies in damages.

Our client, a well-known sports coach, developed a significant immune deficiency disease requiring a service dog to assist with job duties.  The employer eliminated our client’s job and then hired a younger, non-disabled person to replace our client.  Other attorneys decided against taking our client’s case.  We prosecuted the case for almost two years.  On the eve of trial, our client received a significant monetary settlement in excess of 5 times her salary.

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 retaliation.  We represented her throughout the informal and formal stages of federal employee EEOC discrimination processes.  After the trial commenced before an Administrative Judge of the Equal Opportunity Commission, the parties reached an agreement.  A confidential settlement of 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 attorney fees.

Family Medical Leave and Americans with Disabilities

On behalf of our client, a female nurse with years of experience, we filed a lawsuit for claims of violations of the Family and Medical Leave Act (“FMLA”), retaliation in violation of FMLA, discrimination under Americans With Disabilities Act (“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.  A confidential settlement resulted awarding our client a cash value of over two years’ salary and payment of all of her attorney fees.

Our client, a male manager, was denied time off from his job for the birth of his child.  After he complained, he was terminated.  The employer, a large foreign automotive manufacturing company, was sued by our firm on behalf of our client.  During two years of litigation, with depositions in Louisiana, Georgia, California and Colorado, the car manufacturing company paid our client more than three times his salary.

Sexual Harassment, Sex Discrimination and Racial Discrimination

Our client was sexually harassed by her male supervisor while working in an agency for the State of Colorado. After complaining, she was subjected to two internal investigations of alleged wrongdoing and subjected to polygraph examinations, demoted and then was not promoted to new positions for which she was qualified. We filed a federal lawsuit for sex discrimination and unlawful retaliation. Our client was paid $175,000 and she retained employment with the agency in a different department.

Non-Competition and Trade Secrets Violations

Engineer. Our client was an employee who resigned from an engineering company. The employer had filed for a Temporary Restraining Order and Preliminary Injunction to prevent the employee from working in any capacity in the industry based on a covenant not to compete agreement. The employer was trying to enforce the agreement more broadly than drafted or necessary to protect its commercial interest. We successfully defeated the attempt to enforce the non-compete agreement. As a result, the client was able to seek employment in his chosen field, without restriction.

Lawyers. Our clients, attorneys, opened a non-law firm, competing business with their former employer. They were sued for allegedly violating their non-competition agreements. We successfully defeated the former employer’s claims for a Temporary Restraining Order and Preliminary Injunction to prevent our client from operating its new business. The former employer’s claims were dismissed by the court and our clients continue in their business.

Veterinarian. Our client a veterinarian, signed a non-compete agreement with her former employer. She went to work for another veterinarian business and her former employer sued her with a Temporary Restraining Order and Preliminary Injunction to prevent our client from working. We successfully defeated the employer’s attempt to prevent our client from working. The employer’s claims were rejected and dismissed by the Douglas County District Court. Our client’s attorney fees were paid by her former employer.