Our Legal Blog

Wage theft occurs when an employer deprives his, her, or its employees of the wages and benefits to which they are entitled the law. This illegal practice is a prevalent problem across the nation. All too often, unscrupulous companies cheat employees out of the compensation they are due.

According to a 2014 study by the Colorado Fiscal Institute, Coloradans lose an estimated $750 million…

In the American legal system, cases fall into two primary categories: criminal and civil. Criminal cases are brought against individuals who commit a crime, and charges can include jail time and fines. By contrast, civil cases tend to involve disputes between two or more parties regarding legal responsibilities and duties. Often, the plaintiff hopes to obtain monetary compensation or some other remedy for damages incurred.

At Lewis…

Unfortunately, age-related cognitive and physical decline are common. Many elderly individuals will eventually need help handling important medical and financial decisions, as well as other elements of daily life.

If you are concerned that someone close to you is unable to manage his or her affairs, it may be time to consider an elderly guardianship or conservatorship. Learn more about these court-appointed legal roles below, including when they are necessary and how you can potentially avoid them through estate planning.

The Difference Between a Guardianship and a…

A common misconception is that estate plans are only for the rich. In reality, every American could benefit from creating an estate plan. An estate plan not only dictates the disposition of your assets at death but also who will manage your assets and make medical decisions in case of your incapacity. Making careful, educated decisions will help protect the best interests of you and your family, during your life, in case of your incapacity, and after you pass away.

Estate plans go beyond a simple will and can be complex at times. Our highly experienced Colorado Springs estate planning lawyers will work with you to create an…

At the most basic level, a fiduciary is a party that is legally obligated to act in the best interest of another party. There are many different types of fiduciary relationships. A common example is a trustee who must act in the best interest of beneficiaries of the trust.

A breach of fiduciary duty occurs when a fiduciary engages in behavior that contradicts their duty to the other party. When this occurs, the affected party can take legal action and attempt to recover any incurred damages.

Fiduciary Relationships

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Submitting fraudulent claims to the government can have disastrous consequences, yet individuals and companies do this every day for personal gain. Thankfully, a lawsuit known as a qui tam action can put an end to this illegal, unethical behavior and help the government recover lost funds.

The False Claims Act allows average citizens to bring qui tam lawsuits against parties that defraud the government. These whistleblowers, also known as qui tam relators, are often entitled to a percentage of any money that is recovered.

Examples of False Claims in Qui Tam Cases

The False Claims Act prohibits the submission…

When someone passes away, the person’s money, property, and possessions need to be distributed to the correct parties. The legal process of settling an individual’s estate — including assets and debts — is called probate. Probate law varies by state and can be complex, so it is crucial to work with experienced Colorado attorneys. The award-winning attorneys at Lewis Kuhn Swan PC can help you navigate this process.

What Does Probate Include?

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Many people endure workplace mistreatment in Colorado. Far too often, individuals do not fully understand their rights as employees. The fear of retaliation may also prevent workers from speaking up. In most situations, individuals simply do not know how to begin the seemingly daunting process of filing a case against their employer.

It is essential to act if you feel your boss has violated your rights as an employee. Filing a case against your employer is sometimes the only way to remedy the situation. Let our skilled employment lawyers walk you through the steps that you should take if you have been wronged at work.

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December is a hectic month for many employees. Many people find themselves working long hours due to increased workloads and tight deadlines. Whatever your reason is for working overtime, you deserve to be paid in accordance with the law – and the busy holiday season is no exception.

Are You a Non-Exempt Employee?

Millions of non-exempt American workers are entitled to overtime pay under the Fair Labor Standards Act (FLSA), including full-time and part-time employees. While there are some exceptions, overtime pay is generally required when a non-exempt employee works more than 40 hours in a workweek.

Additionally, employees are…

You are a responsible policyholder and you pay your insurance premiums on time. In return, you expect fair treatment when you file a legitimate claim with your insurance company. Unfortunately, insurance companies want to make a profit, and they may resort to bad faith practices to avoid paying you what you deserve.

It can be difficult to determine if your insurance company has acted in bad faith. That’s why it’s essential to seek guidance from the experienced attorneys at Lewis Kuhn Swan PC. Our lawyers will examine your unique situation and discuss your case for free. It is important to act quickly when dealing with potential insurance…