Mr. Wiletsky is a member of the Labor & Employment and Healthcare practice groups. He has experience representing public and private entities, including large and small healthcare organizations, in all aspects of employment law. His practice includes defense of claims at the administrative, trial, and appellate levels under Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, Section 1981 and 1983, and First Amendment retaliation claims. He also has experience with a variety of state law claims, including wrongful discharge in violation of public policy, Colorado's Wage Claim Act and defamation, and he has handled traditional labor issues and arbitrations as well. In addition, Mr. Wiletsky advises employers and executives on issues such as employee handbooks, executive contracts and severance agreements, covenants not to compete or solicit, and trade secret protection and misappropriation. Mr. Wiletsky has also counseled employers regarding layoffs and workplace investigations, as well as how to protect sensitive data and what to do in the event of a data security breach.
Mr. Wiletsky has appellate experience in state and federal appellate courts, including the United States Supreme Court. His appellate practice covers a wide variety of practice areas, including employment law, commercial disputes, and Constitutional issues.
Mr. Wiletsky is admitted to practice in Colorado , the U.S. District Court for the District of Colorado, the Fourth, Eighth and Tenth Circuit Courts of Appeals, and the U.S. Supreme Court.
After earning his law degree, Mr. Wiletsky clerked for the Honorable Robert J. Kapelke at the Colorado Court of Appeals.
REPRESENTATIVE MATTERS
 Wilkie v. Robbins, 127 S. Ct. 2588 (2007). Filed an amicus brief addressing an individual's ability to sue government officials who retaliate for the exercise of the Fifth Amendment right to exclude others from one's property.
Reed Mill & Lumber Co. v. Jensen, 165 P.3d 733 (Colo. Ct. App. 2006). The court affirmed a decision in favor of our client in connection with the interpretation and enforcement of a noncompete agreement.
Moses.com Securities v. Comprehensive Software Systems, Inc., 406 F.3d 1052 (8th Cir. 2005). In this commercial dispute involving software development for an online startup, the court upheld a jury verdict in favor of our client that rejected the plaintiff's claim for over ten million dollars in damages.
Mella v. Mapleton Public Schools, 204 Ed. L. Rep. 73 (10th Cir. 2005). The court affirmed summary judgment in favor of our client, rejecting the plaintiff's claims of age discrimination and First Amendment retaliation with respect to her failure to obtain a promotion.
Genova v. Longs Peak Emergency Physicians, P.C., 72 P.3d 454 (Colo. Ct. App. 2003). In this wrongful discharge and breach of fiduciary duty case, the court upheld the jury's verdict in favor of our client and addressed an issue of first impression regarding application of the attorney-client privilege in the corporate context.
Selenke v. Medical Imaging Associates, P.C., 248 F.3d 1249 (10th Cir. 2001). The court affirmed summary judgment in favor of our client, rejecting the former employee's claims of disability discrimination, retaliation and failure to accommodate.
Joint Sch. Dist. 28-J v. Feldewerth, 3 P.3d 467 (Colo. Ct. App. 2000). In a case of first impression, the court ruled in favor of our client, concluding that it appropriately notified the teacher of its decision to terminate his employment and complied with the pertinent statutory requirements.
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