Category Archives: Employment Law

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

Documentation of Employee Discipline

Boring but True: Four Rules on the Documentation of Employee Discipline Few things are less flashy than the process of creating a detailed personnel file including reports on disciplinary action taken against an employee.  This is especially true when the documents and reports sometimes disappear forever into a filing cabinet or drawer, never to be… 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

Overtime Pay for Salaried Employees

“They’re on salary, so what is the problem?“ The problem is that many employers do not realize this: Just because an employee is put on a fixed salary does not necessarily mean that the employee is exempt under the law from payment for overtime. To be exempt from overtime pay, an employee’s situation may need… Continue Reading

Employee May Be Stuck With Non-Compete

  It’s a concrete case. A former employee may be stuck with an agreement that he had signed while working for his former employer, restricting his right to later go to work for a competitor. In a recent case, Lucht’s Concrete Pumping, Inc. v. Horner,(E1) the Colorado Supreme Court decided whether an employer’s continuation of… Continue Reading

Independent Contractor or Employee

Independent Contractor or Employee – More Than a Question of Taxes The saying is familiar: If it looks like a duck, walks like a duck and quacks like a duck, it is a duck, no matter what someone calls it. Similarly, if a worker serves a company like an employee, the law may treat the… Continue Reading

Wrongful Discharge for Off-Duty Conduct

  What an employee does after work hours might have more significant consequences for the employer than what the employee does while on duty. That is one implication of Watson v. Public Service Co. of Colorado, a wrongful discharge case which the Colorado Supreme Court is considering for review. The case involves application of a… Continue Reading