Cornish & Dell'Olio, P.C.

Southern Colorado's Premier Employment Law Firm for Over 30 Years

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Firm Overview

Founded in 1982, the firm specializes in employment advice and litigation for both employees and employers.

Our lawyers have extensive day-to-day experience litigating employment cases for individuals and employers in federal and state courts, and in various state and federal administrative agencies. Cases we have litigated span the full spectrum of employment law issues involving hiring, firing, hostile work environment, compensation, wage and hour, breach of employment contract, and non-compete agreements, based on legal issues such as tort law, contract law, federal civil rights (age, sex, race, disability, etc.), First Amendment, Fourth Amendment and due process of law.

We provide preventive advice to employers, and write employment contracts, employment handbooks, confidentiality and non-compete agreements, and other employment-related documents.

Our goal is to represent our clients with honesty, pragmatism, professionalism, and cutting edge knowledge of the law.

For illustrative published cases our firm has handled, click on Significant Cases.

Litigation
For those employees who have been victims of serious violations of the law we are prepared to litigate robustly.

For employers who have been victimized by meritless claims we work to find practical solutions and reduce the costs of litigation.

For private employees and employers, we have extensive experience litigating on behalf of both individuals and employers in state and federal courts regarding nearly all aspects of employment from the beginning to the end of the employment relationship and beyond, such as applicants, employment contracts, handbooks, on-the-job harassment, compensation, medical leave, medical inquiries, overtime, safety, promotion, demotion, discharge, severance pay, off-duty activities, electronic and telephonic monitoring, polygraph testing, and benefits.

For federal, state and local government employees, we have broad administrative and litigation experience pertaining to all aspects of public sector employment - applicants, on-the-job harassment, compensation, medical leave, medical inquiries, overtime, safety, promotion, demotion, discipline, discharge, severance pay, off-duty activities, benefits and Constitutional rights.

Advice
For employees with questions about working conditions we provide practical advice. Some employees are relieved to learn that their unfortunate, and sometimes unfair, employment experience should be put behind them and that they should avoid a lawsuit.

For employers, our insights into how to make difficult personnel decisions in a way that reduces stress and the chances of expensive litigation have proven to be effective, based on our litigation for and consultation with thousands of individuals over 30 years. Our vast experience representing individuals brings a valuable insight into preventive litigation strategies. We also help employers draft legal and protective personnel policies, non-compete agreements, and other documents and agreements.

For those employees where litigation and/or negotiation and settlement are worthwhile we provide effective representation. Representing employers has made us more realistic in pursuit of and evaluating meritorious cases.

Practice Areas
-Our firm can provide full representation in any of the following practice areas:
-Race Discrimination
-Age Discrimination
-National Origin Discrimination
-Disability Discrimination
-Sex/Gender Discrimination
-Sexual Harassment
-Religious Discrimination
-Retaliation
-Family and Medical Leave Act
-Rehabilitation Act
-Overtime Wages
-Minimum Wage
-Merit Systems Protection Board
-Colorado State Personnel Board
-First Amendment - Freedom of Speech
-First Amendment - Association
-First Amendment - Religion
-First Amendment - Petitioning the Government for Redress of Grievances
-Fourth Amendment Privacy
-Fourteenth Amendment - Procedural and Substantive Due Process
-Fourteenth Amendment - Equal Protection
-42 U.S.C. 1981 & 1983
-Breach of Contract
-Violations of Public Policy
-Confidentiality Agreements
-Non-compete Agreements
-Invention Agreements
-Severance Agreements
-Trade Secrets
-Non-soliciation Agreements
-Invasion of Privacy
-Outrageous Conduct
-Defamation
-Interference with Contract
-Federal Wiretap Act and Stored Communications Act
-Employee Polygraph Protection Act
-Internet Statutes
-Freedom of Information Act
-Colorado Open Records Act
-Davis Bacon Act
-McNamara-O'Hara Service Contract Act
-Walsh-Healey Public Contracts Act
-Whistleblower Claims
-Personnel Policies and Handbooks
-Employment Contracts
-Employment Applications
-Employee Acknowledgment Forms
-Personnel Forms

If you do not see your area of interest listed please contact us as we may practice in the area of interest.
If not, we can provide a reference to an attorney who does practice in that field.
Main Office

Main Office
431 N. Cascade Avenue, Suite 1
Colorado Springs  CO  80903

Phone
  • 719-475-1204
Sexual Harassment
Sex Discrimination/Harassment
At Cornish & Dell'Olio, P.C., we know that sexual harassment is a problem that many women continue to be confronted with in the workplace, and we can often represent victims of serious sexual harassment on a contingent fee basis.

Sexual harassment is serious if there is unwelcome touching, a physical assault or if the conduct is so offensive that it is making you emotionally upset at work or after work. Do not quit your job because of sexual harassment before you have consulted with an employment lawyer.

If you are experiencing sexual harassment from a coworker or a supervisor you should try to take steps to stop the harassment, including telling the harasser to stop, and reporting the sexual harassment by written letter or email to your company's Human Resources Department or upper management. If you are experiencing serious sexual harassment from a supervisor or manager, or if you have suffered a loss of pay or benefits as the result of discrimination or sexual harassment by a supervisor, the lawyers at Cornish & Dell'Olio, P.C. are available to help you. If the harassment continues after you complain, or if you are subjected to any other adverse actions after you complain, we are available to help you at Cornish & Dell'Olio, P.C.

Cornish & Dell'Olio, P.C. has successfully settled many claims for sexual harassment on a confidential basis without filing lawsuits. Examples are given below.

Case No. 1. Our clients, long time employees of Albertsons, were verbally harassed by a store manager, who referred to one as a "b----". Each was awarded $100,000.00 by a federal jury.

Case No. 2. Our client, a dental hygienist, was kissed by her employer, a dentist, without her consent. A confidential settlement of $50,000.00 was achieved.

Case No. 3. Our clients, three employees of a private security firm were verbally harassed by a supervisor. A confidential settlement of $60,000.00 was achieved.

Case No. 4. Our client, a receptionist for a prominent Colorado Springs business, was subjected to a variety of offensive and inappropriate personal questions about her sexual preferences, her sexual experiences, and her sex life by the business owner. The business owner also showed her pornography and asked her for sexual favors. A confidential settlement of $50,000 was achieved.

Case No. 5. Our client worked as a manager for a National Governing Body of an Olympic sport. The interim executive director regularly directed sexually offensive language at our client and other female employees. Our client complained about the interim executive director's language, and a confidential settlement of $15,000 was achieved.

Nick v. INTECON, LLC. Our client was hired to work for a small defense contractor in Colorado Springs. She was tasked to travel to an industry conference with INTECON's owner and it's CEO. When they all arrived at the airport, the company's owner began making unwelcome comments and remarks about our client's appearance. These unwelcome and harassing gender-based comments continued throughout the duration of the conference. Upon her return from the conference, our client complained to the company's human resources representative and also to the CEO. Within three weeks of her complaints, our client's employment was terminated. She then filed a Complaint in federal court alleging . . . .
Unemployment
Cornish & Dell'Olio, P.C. is able to accept many claims or nonpayment of overtime or failure to pay minimum wages on a contingent fee basis.
Each case is evaluated at the initial consultation to determine whether the Fair Labor Standards Act has been violated and whether the client has suffered significant harm.

Cases brought by Cornish & Dell'Olio under the Fair Labor Standards Act have included:

Casserly v. State. Cornish & Dell'Olio brought an action for Physician Assistants working for for the State prison system to recover unpaid overtime wages for work performed while working as on-call medical providers for the State prisons.

Bayles v. American Medical Response. Cornish & Dell'Olio brought an action for seventy (70) paramedics and EMTs to recover overtime wages for hours worked and not paid during "sleep" periods and "meal periods."

Ellis v. J.R.'s Country Store. Cornish & Dell'Olio brought an action for a General Manager for a chain of convenience stores and other General Managers to recover overtime wages. She was required to work a 50 minimum week and was frequently required to work between 60 and 70 hours a week.

Cornish & Dell'Olio brought is asking the Court to hold that she was misclassified as exempt because she was not treated as a salaried, exempt employee.

Burke v. Alta Colleges, Inc. Cornish & Dell'Olio brought an action for an Admissions Field Representative and other Admissions Field Representatives of a for-profit college to recover overtime wages.

Cornish & Dell'Olio is asking the Court to hold that he and others were nonexempt employees under the Fair Labor Standards Act and should have been paid time-and-a-half for all hours worked over forty.

Johnson v. Academy Mortgage, Inc. Cornish & Dell'Olio brought an action for an underwriter and other underwriters employed by a mortgage company to recover overtime wages.

Cornish & Dell'Olio is asking the Court to hold that she and others were nonexempt employees under the Fair Labor Standards Act and should have been paid time-and-a-half for all hours worked over forty.

Mueller v. Current, USA. An Assistant Manager brought an action to recover overtime wages for work performed "off-the-clock" with the knowledge of managers.

Hawthorne v. Jon Baldwin. Cornish & Dell'Olio brought an action for a demolition worker who had complained to the United States Department of Labor about not being paid time-and-a-half for hours worked over 40. The employer immediately retaliated by cutting the worker's hours. Cornish & Dell'Olio brought an action for illegal retaliation.

Mazzocco v. City of Colorado Springs. Cornish & Dell'Olio brought an action on behalf of a group of City workers who were not being paid for on call time.

Donna Dell'Olio

Donna Dell'Olio, received her Bachelor's degree from the George Washington University in Washington, D.C. in 1972. She received her J.D from Sturm College of Law, University of Denver in 1976. She has served as an Assistant Attorney General for Consumer Protection for the State of Alaska. She has also served as an Assistant Public Defender for the State of Colorado.

She was admitted to practice law in Colorado in 1982 and has been in private practice with the law firm of Cornish & Dell'Olio since that time. She has earned a BV Distinguished Peer Review Rated by Martindale-Hubbell listing for her professionalism and ethics.

She is a member of the El Paso County Bar Association, the Colorado Bar Association and the National Employment Lawyers Association. She has served on the Colorado Supreme Court Nominating Commission.

Practice Areas
Ms. Dell'Olio represents clients in employment discrimination cases involving race, sex age and national origin discrimination. She represents clients in disability discrimination cases arising under the Americans with Disabilities Act and cases arising under the Family and Medical Leave Act. She litigates wage and hour cases under the federal Fair Labor Standards Act. She has represented many clients in Colorado State trial and appellate courts and the United States District Court for the District of Colorado.

Community Involvement
Ms. Dell'Olio has been active in community affairs, particularly organizing and working with nonprofits which impact youth. She has received the St Elizabeth Ann Seaton medal from the Catholic Bishop of Colorado Springs for her work with youth. In 2000 she and others formed a nonprofit corporation to sponsor the Colorado Springs Veterans Day Parade. The Parade now attracts over twenty thousand people to downtown Colorado Springs to honor veterans. She is an active Rotarian.

Ian Kalmanowitz

Ian Kalmanowitz received his Bachelor's Degree cum laude from Binghamton University in 1997. He graduated from the University of Colorado School of Law in 2000.

He is admitted to practice in all courts in Colorado and in the Tenth Circuit Court of Appeals. He has worked as an attorney for the firm since August, 2000.

He is a member of the El Paso County Bar Association, the Colorado Bar Association and the Colorado Plaintiff Employment Lawyers Association. He has served as the Chairman of the El Paso County Bar Association Employment Law Committee.

Practice Areas
Mr. Kalmanowitz devotes a substantial portion of his practice to the representation of public employees. He represents employees of the Federal government and the State of Colorado, as well as employees of local/municipal governments, law enforcement agencies, school districts, and other special districts in cases involving employment discrimination and harassment based on race, gender, religion, age, and disability. Mr. Kalmanowitz also represents employees in cases involving wrongful termination, wage and hour issues, free speech, and other claims for violations of Constitutional rights. He has litigated cases for public employees in State and Federal trial and appellate courts, and in the U.S. EEOC, the Merit Systems Protection Board, and the Colorado State Personnel Board. While much of his practice focuses on the representation of public employees, Mr. Kalmanowitz's work and experience in that area carries over into his representation of private sector employees, where he is a committed advocate for a fair and just workplace. He also provides advice on wage and hour compliance and employment policies to small employers.

Community Involvement
Mr. Kalmanowitz is actively involved in public lands, parks, and open space advocacy in the Colorado Springs community. From 2001-2005, Mr. Kalmanowitz was appointed as a member of the Garden of the Gods Advisory Committee, a City of Colorado Springs Committee charged with oversight of Garden of the Gods Park. He currently serves as the Chairman of the City of Colorado Springs Trails, Open Space, and Parks (TOPS) Working Committee, and has been a member of the Board of Directors of the Rocky Mountain Field Institute since 2005.

Publications
The Practitioner's Guide to Colorado Employment Law, Chapter 9: Privacy in the Workplace and in the Course of Litigation (2006 supp., with Cornish and Nagl) (Gallagher, Miller, & Lee, Mgn Eds.)
Seeing the Forest Service for the Trees: A Survey of Proposals for Changing National Forest Management, Beaver, et al; University of Colorado School of Law, 2000.

Bradley J. Sherman

Bradley Sherman, Associate, graduated from the College of William and Mary, Marshall-Wythe School of Law in 2007, where he served on the William and Mary Environmental Law and Policy Review as a Senior Articles Editor. Prior to attending law school at the College of William and Mary Brad graduated from the University of Kansas with a B.A. in History as well as both university and departmental honors. Brad has worked as an associate of the firm since August, 2007.

Practice Areas
Brad focuses primarily on representing private employees in both State and Federal court. Brad represents employees in discrimination and retaliation claims as well as claims for unpaid minimum and overtime wages under both State and Federal law. Brad has represented clients in claims of race discrimination, disability discrimination, national origin discrimination, age discrimination, sexual harassment, retaliatory discharge, overtime and minimum wage claims, and breach of contract. Brad has also successfully represented numerous employees and small businesses in all levels of administrative proceedings with the Colorado Department of Labor and Employment regarding Unemployment Insurance, including Unemployment Insurance appeals hearings and briefs to the Industrial Claims Appeals Panel.

Admissions
-State of Colorado
-United States District Court for the District of Colorado.

Publications
-A Time to Act Anew: A Historical Perspective on the Energy Policy Act of 2005 and the Changing Electrical Energy Market, 31 Wm. & Mary Envtl. L. & Pol'y Rev. 211 (2006), http://scholarship.law.wm.edu/wmelpr/vol31/iss1/8. Awarded as the 2006 Environmental Law and Policy Review Note of the Year.

Craig M. Cornish

(retired)

Craig Cornish was a founder of the employment law firm of Cornish & Dell'Olio. He retired from the practice of law in 2009. The lawyers of Cornish & Dell'Olio continue to work to the high standards Craig Cornish established for the law firm.

During Craig Cornish's 30 year career in the law he received many honors and recognitions.

Craig Cornish was consistently listed in the peer-based Best Lawyers in America (2006).He was elected to the College of Labor and Employment Lawyers in 2002 and was regularly listed as one of the Top Colorado Super Lawyers in 5280: Denver's Mile High Magazine. In 2007 he was added to the Best of the U.S. "Best of Class," representing professionals chosen from over 2 million practicing professionals, based on continued education, leadership in their profession, and recognition by their peers, and community as the best. He held the highest Martindale-Hubbell rating for ethics and legal ability. He served as co-chair of an American Bar Association subcommittee on workplace privacy.

Craig Cornish was dedicated to the law and his writings and articles on privacy are widely cited by scholars and appellate courts.

Craig Cornish was dedicated to legal education and delivered numerous invited lectures and papers to lawyer organizations throughout the United States. He was especially proud of being a founding member of the National Employment Lawyers Association and enjoyed working with the American Bar Association's Committee on Labor and Employment Law.

Craig continues to read, study and write in the areas of Philosophy, History, Social Science and Neuroscience.

He is completely retired from the practice of law and is working on a book.

He enjoys hearing from friends and can be reached at (719) 200 4918.
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