Andrew Volin

Q. I just learned from a reliable source that two employees are going to start a similar business. Apparently, they have submitted paperwork that is based on the forms I used to create my own business. Is this grounds for termination? …

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Q. An employee complained that co-workers made fun of her at an after-work bowling event. She says they made fun of her accent (she is an immigrant) and talked about sexual acts involving her. She is embarrassed now and does not want to work with the people involved. Do I need to look into this, or should I refuse because the incidents took place away from work? …

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Q. Can an employee waive coverage under workers’ comp laws? …

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Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

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November’s election has special implications for Colorado employers because a number of ballot issues involve employment law. The ballot features dueling initiatives: four measures brought by organized labor in response to three measures sponsored by business interests …

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Q. I need to lay off some staff. I was going to select some based on the fact that they were the most recently hired. I was also going to select others who were hired earlier, retaining some who were hired in between the two groups. Is that permitted? …

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Q. We have a policy that vacation pay is not paid at termination unless the employee attends an exit interview at which he signs a release of any claims he may have. Is this permitted? …

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Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. They fail to show up their first day on the job. By that time, we have already spent time and money on drug tests and orientation, and turned down other promising applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time? …

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