- Theft
- Misdemeanors
- Trade SecretsIn 1986, Colorado enacted the Uniform Trade Secrets Act, which created protections for companies attempting to keep confidential information from falling into the hands of their competitors. The statute lists some types of information that might qualify for trade secret protection, including designs, formulas and customer lists. The Uniform Trade Secrets Act allows for the recovery of monetary damages, attorneys fees and in some cases punitive damages against those who misappropriate trade secrets.
- Unfair CompetitionNon-competition agreements, also known as noncompete clauses, are becoming increasingly common, even for the most basic types of jobs. Although they were originally designed to protect businesses’ legitimate interests in avoiding unfair competition, their widespread use has created situations where employees who want to leave their jobs for legitimate reasons feel unable to do so because they fear legal action and retribution by their employers. The result is something many people refer to as “job lock†— a dysfunctional situation where hard-working, skilled employees are not free to offer their services to the employer of their choice, but are restrained because of the fear of litigation.
- Workers CompensationIn Colorado, the public policy exception to at-will employment means that an employee cannot be fired for exercising a legally protected right. For example, an employee has the right to file a workers compensation claim for a workplace injury. If an employer fires the employee for filing a legitimate workers comp claim, then the employee has a claim for wrongful termination even if their employment was at-will.
- Wrongful TerminationThe Law Office of Paul Maxon has extensive experience helping employees in Colorado determine whether they have legal grounds for pursuing wrongful termination claims, and can act as your partner in understanding and resolving your case.
- Employment DiscriminationIt’s important to understand that employment discrimination can take many forms, and occur against many different types of people. In order to count as illegal, the employment discrimination must be on the basis of some characteristic or class protected by law. Protected classes include people with disabilities, people 40 years old and above, and people who have been treated differently because of their race or national origin, their sex, their sexual orientation, or their religion.
- Employment ContractThe other exception to at-will employment is employment contracts. Firing an employee in violation of an employment contract or agreement is illegal, and can form the basis for a lawsuit against the employer. While most contracts are written and signed by both parties, there are also implied contracts which are created by the situations surrounding employment. For example, an employee handbook that includes termination procedures can create an implied contract that an employee will not be fired without those procedures being followed.
- Employment LitigationClosing the Deal: Techniques and Tactics for Success in Mediation and Arbitration of Employment Claims (panel), Colorado Trial Lawyers annual convention
- Non-compete AgreementNot only are these four exceptions the only ones in which Colorado courts will enforce noncompete agreements, but when interpreting these exceptions, Colorado courts have held that they are to be narrowly interpreted with an eye towards Colorado’s strong public policy disfavoring non-competition agreements. In practice, this means that noncompete agreements are very difficult for businesses to enforce in Colorado courts.
- Severance Agreement
- Sexual HarassmentOf all the areas of employment law, sexual harassment is one of the most sensitive. Sexual harassment in the workplace can impact an employee’s performance at work, which can have emotional and financial repercussions. Victims often feel shame about the situation, and unfortunately this means that sexual harassment often goes unreported. As a result, perpetrators continue their harassing behavior and unjust behavior goes unpunished.
- Disability DiscriminationAmong his many victories, Paul Maxon was awarded the prestigious “Case of the Year†award from the Colorado Trial Lawyers Association in both 2015 and 2017, and from the Plaintiff Employment Lawyers Association in 2021. The 2015 award was for representing a teacher in a religious discrimination and retaliation lawsuit against a school district, which resulted in widespread media coverage and significant policy changes. The 2017 award was for a disability discrimination and retaliation lawsuit which resulted in one of the largest ever verdicts under the Americans with Disabilities Act. The 2021 award was for prevailing in a sex and age discrimination case against a large employer represented by two nationally prominent law firms. In addition, Mr. Maxon has had significant success representing sexual abuse survivors; in 2017 he won a $2.6 million arbitration award for two of his sex abuse survivor clients, and 2020 he secured a $2.3 million settlement of his client’s sex discrimination claims–one of the largest ever in Colorado.