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Can an Employer Rescind a Job Offer after an Employee Tests Positive for Marijuana?

Marijuana and Employment Following the passage of Colorado’s Amendment 64 in 2012, employers and employees have faced a multitude of challenges and issues relating to the consumption and possession of marijuana by employees. One question that frequently arises is whether an employer may rescind an offer of employment based upon a prospective employee’s positive test … Continue Reading

Wrongful Termination and At-Will Employment in Colorado

The Correct meaning of “At-Will Employment” and “Wrongful Discharge” In Colorado, the “at will” employment doctrine means that – as a general rule – an employer may terminate a worker’s employment for any reason or no reason at all without facing any liability to the employee.  While this may seem harsh, the at will employment … Continue Reading

Noncompete Agreements and the Inevitable Disclosure Doctrine

The Use of the Inevitable Disclosure Doctrine to “Backdoor” a Noncompete Agreement in Colorado. Noncompete agreements in Colorado are generally disfavored.  In fact, pursuant to statute, noncompete agreements are only supposed to be enforceable in a few limited circumstances. Specifically, noncompete agreements are supposed to be void ab initio (a fancy way of saying void … Continue Reading

Service Animals in the Workplace

Service Animals in the Workplace: Considerations under the Americans with Disabilities Act and Colorado law. The federal Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability.  Colorado has promulgated analogous state laws.  One way that these laws provide assistance to persons with disabilities is by … Continue Reading

Real Estate Brokers & Referral Fees under RESPA

Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder.  However, the business of real estate is subject to various restrictions that limit industry-participants’ … Continue Reading

Can an Employee be Fired for Using Marijuana?

On November 6, 2012, Colorado voters approved Amendment 64, which made it legal under state law for those over age 21 to possess, use, manufacture, and commercially sell marijuana.  Amendment 64 was codified in Article XVIII, Section 16 of the state constitution.  However, marijuana remains illegal as a “schedule 1” controlled substance under the federal … Continue Reading

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