Sherman Howard
Denver, Colorado
www.ShermanHoward.com
AVolin@ShermanHoward.com
(303) 299-8268
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? ...
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 ...

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