Victoria Therese Aguilar’s Answers

Victoria Therese Aguilar

Greenwood Village Employment / Labor Attorney.

Contributor Level 10
  1. My wife and I are starting a medical practice, in Colorado does the company structure have to be a PC or PLLC?

    Answered 10 months ago.

    1. Victoria Therese Aguilar
    2. Robert John Murillo
    3. Christopher Daniel Leroi
    4. Steven R Owens
    4 lawyer answers

    Echoing the outline provided by Mr. Murillo -- Licensed physicians may conduct medical practice through a professional service corporation, an LLC, or LLP. The governing documents must provide that all shareholders,members, or partners of the entity must be persons licensed by the State Board of Medical Examiners to practice medicine in Colorado. If you plan to do a business venture that has some ancillary relation to medicine, then you should consider forming a separate entity from her...

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  2. My wife started a business with her 401K, and now we're divorcing. What happens with that money?

    Answered 9 months ago.

    1. Christopher Daniel Leroi
    2. Victoria Therese Aguilar
    3. Adam Kielich
    4. Samuel Eugene Thomas
    4 lawyer answers

    In addition to the suggestion of my colleagues, Messrs Leroi and Kielich to secure the advice and counsel of qualified legal counsel who is objective and experienced (advice with which I agree), I think it important to note the importance of articulating your concerns (like these), outlining a strategy and contemplating what is most important to you in terms of an end outcome. As it relates to who gets what and how much of which assets "belong" to one or the other, these are not clear cut...

    7 lawyers agreed with this answer

  3. If your employer touches your genitals through your pants and thinks it is a joke but creates a unconvertible environment.

    Answered 10 months ago.

    1. Christopher Daniel Leroi
    2. Victoria Therese Aguilar
    3. Kevin Rindler Madison
    3 lawyer answers

    To reiterate what’s already been said, this IS a clear violation with severe consequences for the employer. It does not matter the gender of either party involved. First, document all of your attempts to use the employer’s grievance system. This will be used as evidence that you attempted to utilize the internal procedures giving the employer opportunity to remedy the problem. Second, as stated, you need to contact law enforcement. This is Unlawful Sexual Conduct and the employer must...

    7 lawyers agreed with this answer

  4. What can I do if I have not filed tax return for my small business for years, but can't afford a tax consultant/lawyer?

    Answered over 1 year ago.

    1. Victoria Therese Aguilar
    2. E. Martin Davidoff
    3. Henri S Vanderhage
    4. Bruce Givner
    4 lawyer answers

    I agree with Mr. Davidoff and the LITC Graduate Tax Program. Not taking action is not helping. The best thing you can do is to do something. Even modest action is better than nothing. Government agencies understand when you undertake efforts to do the right thing but ignoring the problem is not something that they take kindly to. That you had access to a computer (and the internet) to post this inquiry suggest that you have access to resources enough and are not destitute. Use these and...

    7 lawyers agreed with this answer

  5. Injured in auto accident. Used 80 hrs vac, then employer put me on Short Term Disability. Do I include the STD hours in demand?

    Answered 10 months ago.

    1. Victoria Therese Aguilar
    2. John M Connell
    3. James A Reed
    4. Samuel Cohen
    5. Miguel Amador
    6. ···
    7 lawyer answers

    You are strongly encouraged to confer with a personal injury attorney -- evaluation of damages is often nearly an art form and inclusion of your STD benefits will most definitely be evaluated. Based on the facts you shared it is entirely probable that your counsel will attempt to include those benefits as damages but what you need to understand is that certain benefits provided will be subrogated to any potential benefits your receive. That means that you will likely need to pay the benefit...

    6 lawyers agreed with this answer

  6. Am I liable to refund a down payment? If I am, how much of the down payment? How can I get my business back?

    Answered over 1 year ago.

    1. Victoria Therese Aguilar
    2. Christopher Daniel Leroi
    3. Pamela Koslyn
    3 lawyer answers

    First, to the extent that you relied on legal counsel to assist with this transaction which I'm hoping you did -- I would start there. To the extent that you thought you could do it alone then there are so many issues and potential issues presented by the call of your questions that it is truly and honestly very difficult for me (possibly not others) to address them. So, let's be very clear -- this is NOT legal advice. First and foremost -- whatever documentation -- legal or otherwise --...

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  7. My employer gave me tuition assistance at in a written contract, they are declining to honor it . What are my rights?

    Answered 10 months ago.

    1. Christopher Daniel Leroi
    2. Victoria Therese Aguilar
    3. J Aaron Atkinson
    4. Samuel Cohen
    4 lawyer answers

    Aligning with the other attorneys, it is truly impossible to provide too much in the way of direction without review of the document itself AND discourse around the timeframe and what you did or did not do. For example, though the contract was written in 2011 if you had not taken advantage of the benefit until after they notified you of the changes, then the probability of effect being given is serious hampered. We would strongly encourage having a qualified attorney review the agreement,...

    5 lawyers agreed with this answer

  8. If a church is affiliated w/ a conference, not a denomination can they use the conf's 5013C or do they still need to apply?

    Answered over 1 year ago.

    1. Victoria Therese Aguilar
    2. Michael Leo Potter
    2 lawyer answers

    I agree with Mr. Potter. Your question involves contractual, corporate, and tax issues each of which can be fairly tricky to navigate if not properly and thoughtfully considered. For example, the nature and scope of the "affiliation" needs to be assessed (contractual or no? ) as does the relationship of the church and the conference (how have the parties 'related'). Interests of the 501c3 could be adversely impacted if this is not properly considered and as noted by Mr. Potter there are...

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  9. Can I do something about losing my job position if it was not my mistake but my employer's?

    Answered over 1 year ago.

    1. Victoria Therese Aguilar
    2. Daniel Nelson Deasy
    2 lawyer answers

    I agree with Dan's response and would add that as an at will employee in Colorado an employer (and you) can terminate the employment relationship at any time, for any reason, or no reason at all. Similarly, an employer can generally modify the terms of the relationship and this often includes modifying the compensation structure when circumstances change (e.g., job scope, responsibilities, hours, etc.). Fundamentally, except in situations involving things like wage and hour standards (which...

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  10. My company denies us rest breaks during busy days or when we are short staffed. What can I do?

    Answered 10 months ago.

    1. Christopher Daniel Leroi
    2. Victoria Therese Aguilar
    3. Adam Kielich
    3 lawyer answers

    As already stated, this is wrong. Your employer is required, by law, to provide employee with rest periods, which, insofar as practicable, must be in the middle of each four-hour work period. Such rest periods cannot be deducted from the employee's wages and it is not necessary that the employee leave the premises for said rest period. - This is almost verbatim what's posted on the DOL's webpage. You have the right to contact the DOL to report this violation. And note, retaliation is...

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