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CARRUTHERS v. CARRIER ACCESS CORP.

No. 09CA2138.

251 P.3d 1199 (2010)

Philip CARRUTHERS, Plaintiff-Appellant, v. CARRIER ACCESS CORPORATION and Turin Networks, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. III.

October 28, 2010.

Attorney(s) appearing for the Case

Cross & Liechty, P.C., Robert M. Liechty , Greenwood Village, CO, for Plaintiff-Appellant.

Evans & McFarland, LLC, J. Lucas McFarland , Golden, CO; Hartman Employment Law Practice, LLC, Amy Hartman , Boulder, CO, for Defendants-Appellees.

Opinion by Judge J. JONES.

Does section 8-4-110(1), C.R.S.2010, of the Colorado Wage Claim Act, sections 8-4-101 to -123, C.R.S.2010 (the Wage Act), allow a court to award attorney fees to an employer that prevailed on an employee's Wage Act claim only if the employee's claim was frivolous? We hold that it does not: the court may make such an award in its discretion even if the claim was not frivolous. Therefore, we affirm the district court's order directing plaintiff...

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