John R. Paddock
Biography
John Paddock is one of Colorado’s most experienced and recognized employment law and commercial litigation attorneys. John has been chosen for the past two years by thousands of Colorado attorneys as one of this state’s "Super Lawyers" in employment law and was featured in the April 2007 and 2008 5280 Magazine. John joined Pryor Johnson Carney Karr Nixon, PC as a shareholder in 2005 after 22 years with two of Denver’s other leading law firms.
John literally wrote the books on employment law in this state, Colorado Employment Law and Practice and the 2007-2008 Colorado Employment Law and Practice Handbook (© West 2007). Many courts have cited John’s book, including the Colorado Supreme Court, Colorado Court of Appeals and the U.S. District Court for the Districts of Colorado and Northern Illinois. John has also written many law journal articles, and he is the content creator for seven Internet based training programs about sexual harassment, preventing workplace violence, respect in the workplace, wage and hour issues, and employee discipline and terminations.
John’s practice focuses on employment law, business formation and commercial law. He provides human resources consulting, and helps employers prepare and implement personnel policies, forms and agreements. He emphasizes avoiding conflict through education and preventive measures. Where disputes do arise, John stresses economic and timely resolution. He has significant experience helping companies and professional practices respond to wrongful termination and discrimination lawsuits, comply with equal employment opportunity and wage and hour laws, address employee misconduct, fraud and theft, draft and enforce noncompetition agreements, and protect proprietary information. John has written hundreds of employment, trade secret and severance agreements for professionals and executives.
Before becoming a lawyer, John taught in public schools for five years and earned a Masters degree in English. In law school, John won several awards and served as the Editor-in-Chief of the University of Colorado Law Review. Before joining his first law firm, John served as a law clerk for Judge William E. Doyle of the United States Court of Appeals for the Tenth Circuit.
Verdicts
Court
Boulder County District Court
Client
Medical Partnership
Issues
After resigning, a partner in a medical practice claimed he was owed significant funds based on his interest in the practice and real property it owned. John helped the practice and the disgruntled partner reach a settlement of all of his claims. When he realized the practice still had claims against him for the damages he caused by concealing important information from his partners, he tried to back-out of the settlement and re-start the 18 claims he had asserted. In December 2009, the trial court granted summary judgment for the practice, dismissed all the former partner’s claims and ordered him to return his shares to the practice.
John Paddock has helped a wide variety of clients respond to numerous issues employers can face from time to time. He has successfully represented several practices and businesses in responding to demands by former employees who complained they were fired illegally or were owed wages or overtime, as well as by independent contractors who claimed they were really employees. John has represented many clients in defeating former employees’ formal discrimination charges and unemployment claims. He also helps practices respond to difficulties with partners or shareholders and lawsuits by former partners or shareholders.
Court
Teller County District Court
Client
Casino Owner
Issues
Defense verdict where our client, a former manager, claimed his employer retaliated against him and committed wrongful discharge. Employee sought reinstatement and over $300,000 in damages.
Court
United States District Court for the District of Colorado
Client
Medical Clinic
Issues
Summary judgment for medical clinic against five former employees seeking over $250,000 in damages and penalties based on claims the clinic violated ERISA by failing to notify them of their COBRA rights.
Court
United States District Court for the District of Colorado
Client
Environmental Monitoring Company
Issues
Summary judgment for our client, an environmental monitoring company employer, on discrimination claims and all other claims by African American manager who was fired for poor performance after more than eight years with the company. Employee sought reinstatement, back pay, mental suffering and attorney fees.
Court
United States District Court for the District of Colorado
Client
Insurance Company
Issues
John Paddock has helped many employers, companies and professional practices resolve problems former employees or owners cause by using trade secrets to steal clients and business. Within the past two years, John has represented a client that has been compelled to seek injunctions against former agents who were misappropriating its trade secrets and using them to solicit customers in violation of their agreements not to compete. While the former agents claimed they had done nothing wrong, they reached fair settlements that entered as court orders soon after being served with the Complaints John wrote.
At the start of a relationship with a new employee or contractor, John can help employers implement clear and enforceable contracts to protect their trade secrets and to avoid unfair competition by former employees or owners. When litigation is necessary, John’s knowledge and years of experience enable him to promptly file an effective complaint and to obtain an injunction to fully protect a client’s rights and property.
Court
United States District Court for the District of Colorado
Client
Insurance Company
Issues
The Plaintiff sued the firm’s client for wrongful termination, asserting he was an employee who had been terminated based on his age and in breach of his contract. The case was tried to a jury, but the Court granted the firm’s motion entered judgment for the firm’s client at the end of the Plaintiff’s. The Court determined the Plaintiff was properly terminated and failed to prove he was an employee or that the firm’s client had breached his agreement.
Court
Colorado Department of Labor and Employment
Client
Expert Witness Firm; Court Reporting Agency; Interpreter Referral Service
Issues
Properly classifying people who provide personal services as “employees” or “independent contractors” can be very tricky, and there are serious consequences for companies who mistakenly treat workers as contractors when they should have been employees. In 2008 and 2009, John Paddock helped three different companies defeat actions against them based on the claim they had improperly classified people as independent contractors. One case involved a company that provides expert witnesses who support parties in lawsuits. John helped a firm of expert witnesses defeat the finding by an auditor for the Department of Labor that the firm improperly classified an independent contractor and helped the firm win the Department’s appeal. In the other cases, John helped the clients defeat claims by former contractors that they were really employees and were owed back wages, benefits and contributions to withholdings. These victories saved the clients significant damages and fines, and permitted them to continue operating their services on a competitive basis.
John can help businesses and professional practices determine whether they can properly use independent contractors and help them implement critical steps to minimize the possibility a judge or agency will find their contractors were really employees.
