Sherman Howard
Denver, Colorado
www.ShermanHoward.com
AVolin@ShermanHoward.com
(303) 299-8268
Andy Volin began practicing Labor & Employment Law with Sherman & Howard L.L.C. in its Denver office in 1989. He advises and defends private sector employers and their management in disputes involving employment discrimination, wrongful discharge, and wage and hour law. Lawyers in other firms, both out-of-state and local firms, frequently have Mr. Volin serve as co-counsel to provide employment law representation to their corporate clients, or to represent corporate employees who have been sued as individuals. Andy is active professionally outside the office as well, serving from 2006-2008 as the Management side co-chair of the Labor and Employment section of the Colorado Bar Association, and teaching Employment Discrimination Law at the University of Denver in 2007-2008. He has been a contributing author to the CBA’s The Practitioner’s Guide to Colorado Employment Law since 2001. Andy is also the President of the Board of Community Housing Services, Inc., a local non-profit agency providing housing related services in the Denver area and throughout the state.
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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