Newcom.Chuck.bio
Charles W. Newcom

Member

Phone: 303.299.8246

Fax: 303.298.0940

cnewcom@shermanhoward.com

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Legal Secretary

Clarine Kuntz
303.299.8209

Areas of Emphasis

Labor and Employment

Safety and Health – OSHA/MSHA

Education

  • Juris Doctor, cum laude, Harvard Law School, 1974
  • Bachelor of Arts, magna cum laude, Kansas State University, 1970

Charles Newcom is a Member in the Labor & Employment Department.  Over the 35+ years Chuck has been at Sherman & Howard, he has counselled employers regarding discipline, discharge, downsizing, pay and benefits, and personnel practices and procedures. He has successfully represented employers in a wide range of industries, in both federal and state courts, before juries and judges. While the primary focus of his practice has been in the full range of discrimination and wrongful discharge issues, Chuck also has a longstanding practice representing mining companies in disputes with the federal Mine Safety and Health Administration (MSHA) in litigation arising from citations, accidents and alleged whistleblowing.

Representative Matters
  • Tried to a defense jury verdict case executive claim of wrongful termination for whistleblowing to which the employer responded he was fired for his sexually harassing oral comments, representing insurance company and one of its senior executives.
  • Tried to a defense jury verdict discrimination/retaliation case brought by middle level manager claiming he was mistreated because of his spouse’s claims of discrimination, representing large mining/energy company.
  • Tried to a defense jury verdict case brought by hourly employee claiming wrongful termination relating to her attendance issues, representing high tech company.
  • Tried to a defense jury verdict case brought by hourly employee alleging race discrimination, representing aerospace company.
  • Tried to a defense jury verdict case brought by female management employee claiming sex discrimination and retaliation for prior complaints, representing public utility.
  • Extensive counseling with employers regarding discipline, discharge, layoff and other personnel decisions.
  • Extensive experience before the Federal Mine Safety & Health Review Commission, and Mine Safety and Health Administration, including citation/order litigation (for companies and individual managers assessed civil penalties), claims of improper discipline because of alleged safety complaints, accident investigations and special investigations.

Reported Cases

  • Turnwall v. Trust Company of America, 146 Fed. Appx. 983 (10th Cir. 2005) (affirming summary judgment against employee claiming disability discrimination, retaliation, and common law wrongful discharge)
  • Adams, et al. v. Cyprus-Amax Minerals Co., 149 F. 3d 1156 (10th Cir. 1999) (no right to jury trial under ERISA), reversing, 954 F. Supp. 1470 (D. Colo. 1997)
  • Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994) and Kerr-McGee Coal Corp. v. Federal Mine Safety & Health Review Commission, 40 F. 3d 1257 (D.C. Cir. 1994) (walkaround litigation)
Professional Activities
  • Member, American Bar Association, Labor & Employment Law Section
  • Member, Occupational Safety & Health Law Committee
  • Author, Mine Safety & Health chapter of first edition of Occupational Safety & Health Law Committee’s treatise, Occupational Safety & Health Law
  • Member, Board of Directors, Legal Aid Foundation of Colorado, 2007-2013
Honors and Awards
  • Ranked in Chambers USA - Employment Law, 2007-present
  • Listed in Best Lawyers in America for Employment Law – Management, since 1989
  • Award of Merit, Denver Employment Alliance Practitioners Conference, for work with Curtis Park Community Center, November 2001
  • Award of Merit – Outstanding Young Lawyer, Denver Bar Association Young Lawyers Section, 1983
  • Listed in Colorado Super Lawyers