Andrew Volin

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.

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 Articles by this Author

Q. We just hired a salesperson from a competitor. We warned her not to take proprietary information from her former employer, but she says what is on her personal laptop is her information. Is there any risk for us from that laptop?

Q. We just let go of a new hire after only three months on the job because her performance was not up to our standards. Do we have to provide two weeks’ notice or severance pay?

Q. Several female employees have reported that a male supervisor with one of our clients sends them strange e-mails. They are vaguely sexual and implore our employees to quit and to join his employer. The women think the sender is weird and have told him to stop, but he continues to send them messages. Is this a problem for my business?

Q. In our industry, there is a historical practice to pay field workers a daily wage, which compensates them for all hours worked. Now we understand that class actions are being used in the wage-and-hour area to fight such practices. Is this practice a good idea in light of class-action suits?

Effective Jan. 1, 2009, employers with 15 or more employees have a new set of ADA rules to contend with. President Bush signed off on a law significantly amending the ADA in September, greatly changing how employers must handle disabled applicants and employees.

Q. We recently prevailed before the CCRD, which conducted an extensive investigation into a charge of discrimination. Now our former employee has filed an agency appeal. What will happen next?

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?

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? ...

Q. I keep hearing about wage-and-hour class actions, where workers claim they were not paid properly because they were misclassified as exempt, not paid for all hours or not paid the correct overtime rate. What can I do to minimize this risk? ...

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

Q. My company deducts 30 minutes from each day’s recorded time for employees’ meal periods. Is this proper? ...

Q. A former employee is circulating a rumor that there has been some kind of fraud taking place at my business. What should I do? ...

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? ...

Because of the nationwide economic slump, layoffs are a hot topic these days. What sort of employment law issues should HR professionals consider when the possibility of laying off workers becomes increasingly likely? Here’s a step-by-step guide for smoothing out a difficult and painful process ...

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 ...

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 ...

Q. We just hired a new employee, but there were problems even before she started. She delayed her start date and provided an excuse. I called her former employer and learned she had lied to me about her prior salary and about her departure date from that employer. If I had known the truth, I doubt I would have hired her. Now the fact that I know she lied to me even before she started work leaves me with the conclusion that I can’t trust her. Can I fire her even before she starts? ...
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? ...
Q. We need to lay off an entire shift at our assembly plant. A few of these workers are off work or on temporary light-duty jobs as a result of on-the-job injuries. They have workers’ comp claims pending. If we lay off the entire shift, can we lay off the injured workers as well? ...
Q. Business has been slow and it doesn’t seem likely it will pickup in the foreseeable future. We’re going to have to let some employees go. I’ve heard some employers in our situation ask employees to sign agreements releasing the company from future employment-related claims. Should we get releases from the employees when we terminate them?
Q. I work in the HR area at my company and just learned that an employee who is experiencing some personal problems is now having performance problems at work. I also learned the employee has made threats about hurting his boss and a certain co-worker. What should I do? ...
Q. I know Colorado requires employers to provide unpaid meal breaks and paid rest periods. But what if an employee is offered the meal period or rest period and prefers to continue working? Is that permitted? ...
The Colorado Legislature passed several laws during the most recent legislative session that will directly affect Colorado employers, and more changes may be on the way. HR professionals need to update workplace policies and procedures to comply with these new worker rights and employer obligations ...
Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? ...
Q. We recently received a customer complaint about a short-term employee who was already on a “last chance” warning for work errors. Can we fire her now, or do we need to first investigate the complaint? ...