Benjamin E. Wick, ADR Attorney in Denver, Colorado

The Wick Law Office, LLC, Denver, CO

Principal Attorney, Mar. 2014-Present

- As the owner of the Wick Law Office, Mr. Wick owns and operates the Wick Law Office, a boutique law firm in Denver, Colorado that represents employees and employers.

- The Wick Law Office possesses specialized experience in representing federal employees and agencies. We represent private, state, and federal employees, including individuals with disabilities, in employment matters. Representation includes advising and advocacy in claims involving workplace discrimination based on disability, race, religion, color, age, and sex, sexual orientation, hostile work environment, sexual harassment, retaliation, unequal pay, wage and hour, employee discipline, unemployment, unfair labor practices, requests for reasonable accommodation, and other employment matters.

- The Wick Law Office has represented clients at mediation and in cases before the EEOC, MSPB, Colorado State Personnel Board, NLRB, at unemployment hearings, in state courts, and in federal courts.

The Reasonable Accommodation Training Group, Denver, CO

Trainer/Founder Member, Aug. 2014-Present

- As a founding member of TRATG, Mr. Wick focuses on providing training to government agencies, private and public employers, and disability rights advocates on the Americans with Disabilities Act, Americans with Disabilities Amendment Act, Rehabilitation Act, Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, Genetic Information Nondiscrimination Act, Pregnancy Discrimination Act, workers’ compensation claims, applicable state and local laws, and federal regulations.

GreenSmartLiving, Denver, CO

Chief Legal Officer/Chief Administrative Officer, Feb. 2013-Feb. 2014

- Mr. Wick’s role with the company included providing legal representation and advising as general counsel, as well as direct oversight and involvement in human resources, regulatory and compliance, and risk management. As Chief Legal Officer and Chief Administrative Officer, Mr. Wick drafted and negotiated commercial contracts with national retailers and distributors. He was instrumental in meeting complex insurance and risk management requirements necessary for the company to sell its products.

The Law Offices of Gary M. Gilbert & Associates, P.C., Denver, CO

Associate/Managing Attorney, Denver Office, June 2006-Feb. 2013

- Mr. Wick was one of the primary points of contact in providing contract legal services to the USDA, Forest Service.

- Mr. Wick litigated complex legal issues and, when there were high-profile or sensitive cases, when senior federal government employees are involved, and when there are matters requiring immediate attention, Mr. Wick served as a point of contact to promptly assess and resolve the matter through settlement discussions.

- Mr. Wick engaged in settlement discussions, sometimes in the form of facilitated mediation, on behalf of clients to obtain the result most favorable to employees or agencies and gather factsto better assess potential liability. In advance of mediation or settlement negotiations, Mr. Wick discussed potential settlement terms and evaluated litigation risks. Mr. Wick successfully negotiated settlement agreements in cases that are high-profile or that have substantial litigation risk.

- Mr. Wick served as lead counsel representing a union at arbitration for a complex issue of statutory construction related to the language of a union’s collective bargaining agreement. This issue required sophisticated knowledge of Federal Labor Relations Authority (FLRA) precedent, involved over 300 employees, and could potentially afford the union monetary relief in excess of four million dollars.

- Mr. Wick drafted complaints filed in federal district court that have led to advantageous settlement agreements for clients and have survived summary judgment on behalf of plaintiffs in federal district court. He worked on class action complaints, including claims brought under the Equal Pay Act, and is well-versed in the procedural issues unique to class action complaints applicable to defense clients and plaintiffs.

- Mr. Wick litigated all phases of complaints of employment discrimination and appeals of disciplinary action involving federal employees in administrative forums, primarily before the Equal Employment Opportunity Commission (EEOC) and Merit Systems Protection Board (MSPB). These complaints and appeals include unique issues such as allegations of whistleblower retaliation, constructive discharge, mixed case appeals, disability retirement, cat’s paw, breach of settlement agreements, petitions for enforcement, settlement compliance issues, religious discrimination, gender bias and sex stereotyping, and mandatory retirement ages.

PROFESSIONAL ASSOCIATIONS

Colorado Bar Association, Solo Small Firm Section, Executive Council, Chair Elect

Colorado Bar Association, Labor and Employment Law Section

Colorado Bar Association

Denver Bar Association, Representative to the Colorado Bar Association Board of Governors Denver Bar Association

Colorado Plaintiff Employment Lawyers Association

Colorado Trial Lawyers Association

PUBLICATIONS AND PRESENTATIONS

Co-author, Federal Equal Employment Opportunity Practice Guide, LexisNexis Publications (scheduled for release in the first quarter of 2017).

Co-author, Navigating Federal Sector EEO Procedures, Lexis Practice Advisor, LexisNexis Publications (2015).

Co-author, Federal EEO Complaint Process, Lexis Practice Advisor, LexisNexis Publications, LexisNexis Publications (2015).

Co-author, Deadlines in the Administrative EEO process, Lexis Practice Advisor, LexisNexis Publications (2015).

Co-author, Major Federal Labor and Employment Laws Applicable to Federal Public Sector Employees, Lexis Practice Advisor, LexisNexis Publications (2015).

Co-author, Recognizing Reasonable Accommodation Claims: An Overview of Reasonable Accommodations Under the Americans with Disabilities Act and Arising in Workers’ Compensation and Family Medical Leave Act Claims, Trial Talk Magazine, Vol. 64, Issue 4 (2015).

Co-presenter, Understanding Reasonable Accommodation Requests, Pacific Rim International Conference on Disability and Diversity, Honolulu, Hawaii (2015).

Co-presenter, Understanding, Requesting, and Implementing Reasonable Accommodations in the Workplace, 2016 Imagine Autism Conference, Albuquerque, New Mexico (2016).

Co-presenter, Rights to Reasonable Accommodations in the Workplace: Understanding Reasonable Accommodations Under the ADAAA and Emerging Issues in the Law, 2015 Southwest Conference on Disability, Albuquerque, New Mexico (2015).

Co-presenter, Understanding Reasonable Accommodations under the ADAAA and Emerging Issues in the Law, Multiple Perspectives on Access, Inclusion, and Disability Annual Conference, Columbus, Ohio (2015).

Co-presenter, Understanding Reasonable Accommodations in the Workplace: A Panel Discussion About the ADA and ADAAA, The Colorado Bar Association, Denver, Colorado (2014).

Author, Overcoming Impasse at Mediation, The Colorado Lawyer, Vol. 43, No. 9 (2014).