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Employment, Insurance, Malpractice, and Estate Attorneys Serving Colorado Springs, Pueblo, Castle Rock & Nearby Colorado

What is a Breach of Fiduciary Duty?

February 25, 2019

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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What is a Qui Tam Lawsuit?

February 18, 2019

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…

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What is Probate?

January 23, 2019

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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How Do I File a Case Against My Employer?

December 20, 2018

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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Category: Employment Law

Should I Be Paid Overtime?

December 19, 2018

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…

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Category: Employment Law

Potential Signs of Insurance Bad Faith

November 26, 2018

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…

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Do You Have a Legal Malpractice Claim?

October 23, 2018

People often seek legal counsel during stressful and difficult times. When you hire a lawyer to represent you, you place your trust in him or her. You expect your attorney to act ethically.

Many lawyers provide high-quality, dedicated, and thorough legal representation. Unfortunately, this cannot be said about every attorney who is currently in practice.

You might have suffered emotionally and financially if a previous lawyer was negligent while handling your case. At Lewis Kuhn Swan PC, we want to make things right and help you get the justice and compensation that you deserve for your legal malpractice claim.

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October is National Disability Employment Awareness Month

October 08, 2018

National Disability Employment Awareness Month (NDEAM) dates back to 1945. Initially, the first week of October was established as “National Employ the Physically Handicapped Week” by Congress. Over time, the name was changed to acknowledge individuals with all types of disabilities and their meaningful contributions in the workplace.

young man in wheelchair at workThe Office of Disability Employment Policy, under the United States Department of Labor, took ownership over the…

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Category: Employment Law

What to Do If You Experience Workplace Discrimination

September 27, 2018

Despite the progress that we have made as a society, workplace discrimination is still a serious problem. Discrimination can leave you feeling hurt and powerless. You shouldn’t have to put up with any mistreatment as a prospective or current employee based on your protected status. 

People may be illegally discriminated against on the basis of:

  • Race
  • Sex
  • National Origin
  • Religion
  • Age
  • Disability
  • Sexual orientation
  • Pregnancy
  • Marital Status

This is not an exhaustive list of legally protected classes. As an employee, you have the right to be free…

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Category: Employment Law

Your Guide to Whistleblower Cases

September 25, 2018

Everyone deserves to work in an environment that is free from illegal and unethical behaviors. If you have become aware of fraud, discrimination, or other unlawful activities at your place of employment, you have the option of reporting the behavior as a whistleblower.

The decision to become a whistleblower can be overwhelming. You want to do the right thing, but you don’t want to risk retaliation from your employer. We have created the guide below to help you gain a basic understanding of whistleblower litigation.

Our attorneys want you to understand your rights and protections, as well as the potential ways…

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