We help employees and groups of employees handle wage dispute challenges and claims. If you’re being denied breaks, having your payroll tampered with, being improperly paid for overtime, or missing a last check or commissions–you have rights. We have represented hundreds of employees in negotiation, mediation, arbitration, and litigation in federal and state courts. As experienced, knowledgeable, and passionate employee advocates, we can help you understand your rights and make well-informed decisions in your case. Contact our Denver employment lawyer today.
Hiring a lawyer levels the playing field against corporate legal teams. At The Wilhite Law Firm, our experienced litigators put decades of experience to work, ensuring your rights are protected. We want to prevent you from signing away a valuable claim. So, when we guide you through negotiations, you often realize a better severance or settlement package.
Employment laws are notoriously complex. A savvy lawyer can evaluate whether you have a legitimate case and ensure your claims are filed properly before statutory deadlines.As skilled labor law attorneys in Denver, some of our practice areas include:
Minimum wage violations
Overtime violations
Lunch and rest break issues
Illegal wage deductions
Wage and hour law class actions
Whistleblower claims
“They did a great job and worked very hard to make sure I got the most I could and really took care of me. Zack and Stacey was always a call away whenever I needed something.”
Denver Employment Law Cases
Some of our current cases include those listed below. Click the company name for more information. Please contact our personal injury lawyers if you are interested in making an employment law claim, whether for a company we already have a case against or a different company.
Our labor law firm’s potential clients look at our case results to build trust and gauge our capacity to litigate or negotiate a favorable settlement. Our track records provide tangible evidence of legal competence and help future plaintiffs answer four critical questions:
Can you handle my specific employment law issue?
Can you take on a large corporate legal team?
Will I achieve a fair financial outcome?
Do you have trial credibility?
Perceptive clients like you look for attorneys with experience in similar disputes. Seeing our prior victories in niche areas confirms that our legal team understands the nuances of the ADA, FMLA, and relevant laws. These successes demonstrate that The Wilhite Law Firm knows how to investigate claims and build pressure against well-funded corporations, which generally prefer to settle out of court to avoid bad press and precedent. We understand this tactic, and our trial-tested lawyers typically achieve higher settlements because we are willing to take the case to a jury if negotiations fail.
Let us share a few of our success outcomes, including:
Meadow Vista Assisted Living, LLC
Our Wage and Hour Team conducted a jury trial on behalf of an individual low-wage-worker for unpaid minimum wage and overtime. She was the lone employee at an assisted living facility in Denver, which was licensed for up to 8 residents. We obtained a jury verdict for back wages, penalties, attorneys’ fees, and interest in excess of $850,000. The case was ground-breaking since it clarified and enforced the rights of direct care workers in assisted living units, as well as making a successful claim under Denver’s recently enacted minimum wage ordinance. We believe this to be the largest individual minimum wage award in the history of Colorado, if not the entire United States!
Select Home Care
A home health care employee filed a class action on behalf of herself and other employees in the Denver Metro Area who were not paid one and one-half times their regular rate of pay for overtime (hours worked in excess of 12 per day or 40 per week). The employer, Select Home Care, moved the court to dismiss the case, but that motion was denied. The parties then agreed to a settlement. In March 2018, the federal court approved that settlement.
PDQ Truck, LLC
Interstate drivers sued for the return of thousands of dollars of wages that had been improperly deducted from their paychecks and the paychecks of dozens of other drivers. The drivers believed that PDQ misclassified them as “independent contractors” and committed other violations of federal and state law. In September 2018, the Court certified the case as a class action and approved a settlement for the drivers.
Movers sued Prestige Corporate Relocation in January of 2015 for failing to pay time and a half for overtime, even though the employees routinely worked more than twelve hours a day and forty hours a week. We at The Wilhite Law Firm were able to reach a Settlement Agreement for our clients on May 18, 2016. The Class Action case settled for $200,000.00.
We at The Wilhite Law Firm represented service employees who sued Glenmoor Country Club in February of 2015 for illegally keeping gratuities that belonged to the servers, and for improperly deducting uniform costs from employees’ pay. The Class Action Case Settled for 450.000.00. Click here to read a copy of the Complaint.
Current and former landscape and snow removal employees filed a lawsuit against their employer for failing to pay them for all the hours they worked, not paying overtime, and making illegal deductions from their pay. Click here to read a copy of the Complaint.
The Judge overseeing this case entered an order granting class certification under state law in favor of our clients. The final order approved the parties’ Joint Motion for Approval of the Settlement Agreement. The case is now resolved, and the only outstanding matters are the $412,500.00 payments to be made by All Phase to those who are owed money under the court’s final approval order. The Denver employment attorneys at The Wilhite Law Firm are so pleased to have been able to bring this matter to a successful conclusion for these workers!
The Judge overseeing this case entered an order granting class certification under state law in favor of our clients. The final order approved the parties’ Joint Motion for Approval of the Settlement Agreement. The case is now resolved, and the only outstanding matters are the $412,500.00 payments to be made by All Phase to those who are owed money under the court’s final approval order. The Denver employment attorneys at The Wilhite Law Firm are so pleased to have been able to bring this matter to a successful conclusion for these workers!
Fresenius Medical Care Dialysis Services
Registered nurses who perform dialysis sued Fresenius for violating the company’s own contract and the Wage and Hour Law by requiring the nurses to work through their rest and lunch breaks and use their personal cell phones for work without reimbursement.
Brewer v. Montrose Memorial Hospital, Inc.
Wilhite& Miller settled a case against Montrose Memorial Hospital on behalf of employees who were misclassified as exempt employees and not paid overtime at a time-and-a-half rate.
Scifo v. Denver Drywall
Employment lawyers Wilhite & Miller settled a case against Denver Drywall Co. on behalf of an employee who was not paid overtime or vacation time, was not reimbursed for his cell phone or mileage, and was terminated several months before his contract was up.
Lester v. The Career Building Academy
Wilhite & Miller worked as co-drafters of the brief for amicus curiae (“friend of the court”) of the Plaintiffs’ Employment Lawyers Association of Colorado, which made the winning argument that successful plaintiffs in Colorado wage and hour cases generally should be entitled to attorney’s fees so that they are not prohibited by cost from suing employers for wage theft.
McWilliams v. M.J. Wullschleger & Assoc., P.C., d/b/a/ Cherished Companion
Wilhite & Miller settled a case against Cherished Companion, a veterinary clinic, on behalf of employees who were not paid for all hours worked, not paid overtime, and denied rest and lunch breaks.
Zaragoza v. Swifts Breakfast House, Inc.
Wilhite & Miller won a jury trial against a restaurant that willfully deprived a dishwasher/cook of pay for all hours worked and for overtime pay. The win amounted to the largest known individual recovery for a single restaurant worker in the history of wage and hour litigation in Colorado. Read the verdict here. After the verdict, we reached a confidential settlement with the restaurant’s owner.
Hickey v. Brinker International Payroll Co., L.P., d/b/a Maggiano’s
Wilhite & Miller reached a confidential settlement with Maggiano’s on behalf of banquet servers who allegedly had their tips wrongfully taken by the restaurant.
Watts v. American Property Maintenance, Inc., d/b/a Dream House
Wilhite & Miller reached a settlement on behalf of a class of adult entertainers who were misclassified as tenants or independent contractors, not paid for all their time worked, and not paid overtime.
Tension International, Inc.
In December of 2015, current and former workers at Tension filed their Collective and Class Action Complaint in the Colorado Federal District Court in Denver, CO. The lawsuit claimed that Tension improperly and fraudulently classified its workers as “independent contractors” instead of regular W-2 employees. By improperly misclassifying its workers, Tension failed to pay its employees the premium rate for overtime hours worked. These so-called Independent Contractors were also denied health and workers’ compensation insurance; vacation; holiday and sick pay; contributions to retirement plans; and eligibility for unemployment pay. Furthermore, our clients were wrongfully asked/or required to provide their own liability insurance. In December 2017, the Court approved a settlement for the employees, which was then distributed to the class members.
What To Look For in a Denver Employment Attorney
When looking for an employment lawyer in Denver, you need a professional who understands Colorado’s unique statutes, including the recently updatedColorado Wage Act (C.R.S. § 8-4-101 et seq.) and local equal pay laws. Prioritize attorneys with proven trial experience, clear billing structures, and a dedicated focus on your side of the table.
As an employee, you want to look for a dedicated plaintiff-side attorney who has verifiable experience in employment and labor law. These legal protections can vary heavily by jurisdiction, so make sure your counsel is well-versed in handling cases with state agencies like the Colorado Department of Labor and Employment (CDLE). While it is true that many employment disputes are favorably settled out of court, you still want a lawyer with a proven track record of litigation and trial success to potentially command better settlement terms during mediation.
Questions to Ask a Labor Law Attorney in Denver
Your free consultation is the ideal time to get a few questions answered about your prospective labor law attorney. You have just learned what to look for; now put these tough queries on the table and see if you receive satisfactory answers, including:
How do you charge for your services? Employment lawyers typically bill via contingency fees and often take a percentage of your settlement.
How solid is my claim? Based on the attorney’s review, ask about the legal strengths and weaknesses of your labor dispute.
How do Colorado employment laws affect my claim? Local legislation regarding at-will employment, minimum wage, and discrimination may apply to your specific situation.
What is the deadline for filing an employment claim? Colorado courts have strict statutes of limitations for filing employment claims, so acting quickly matters.
Are you prepared to litigate? Ask about the lawyer’s strategy for resolving your labor law dispute and whether they are aiming for settlement or litigation.
Get to Know the Longest-Standing Employment Law Firm in Denver
When your employer unjustly threatens your livelihood, you need an aggressive labor law attorney in your corner. At The Wilhite Law Firm, our Denver employment lawyer has a proven track record of representing hundreds of workers in labor and discrimination disputes.
We provide the legal muscle to secure your earned wages and hold bad employers accountable, and nothing demonstrates our success stories better than our client testimonials. Reach out to our office close to where you live or work and set up a time for your free consultation. Get to know the longest-running employment law firm in Denver today.
Hands down the best law firm in Colorado. I would highly recommend this law office to friends and family.
Fernanda Vargas
5 star service. They explained the process in detail and got great results. Thanks again!
Merari Hernandez
I’m so glad I reached out to Wilhite Law Firm after I was injured in a car accident. They made the process super easy. Thank you!
Carolay Rodriguez Torres
I had a great experience with Marianella. They got me the maximum out of my case! I would recommend them to anyone!
Beltrán Rodriguez
Great staff! They are always available to answer questions and concerns and care about their clients!
Edna Morán
I was extremely happy with the results that was achieved by my attorney at Wilhite Law Firm. Thanks Marianella!
Cristina Jiménez Durán
Excellent service, very grateful for the professionalism, attention throughout my process and the human quality of Mateo López.
Sebastian Tovar
I would like to thank Marianella from the Wilhite law firm for the hard work in getting a full policy limit from both insurances in my case. Highly recommend!
Alejandro
Marianella helped me get the compensation I deserved for my injuries and also made sure that I received the proper medical care I needed. Thank you!
Jorge Lopez
I had the pleasure of working with Vanessa and Marianella, who handled my case. They were very professional and great at communication.
Miller started his legal career in 1977, after receiving his J.D. from the University of Denver College of Law where he served as the Editor-in-Chief of its Law Journal. He first worked in a general-practice law firm in Breckenridge. It was there that David got his early trial experience and became a partner.