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Employment Law

No EEOC filing means no lawsuit, right? Not always

11/06/2008

Employees making Title VII discrimination claims must file their complaints with the EEOC before filing a federal lawsuit … most of the time, but not always.

Multiple reasons for firing? You may want to list them all

11/06/2008

If you decide to terminate an employee who simply won’t follow instructions and is the source of constant trouble, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.

Did Denver International snowplowers pull a snow job?

11/06/2008

A report released by Denver Auditor Dennis Gallagher in October accused employees in the Denver International Airport’s (DIA) Snow Operation Support Program of willfully collecting nearly $7,000 in unearned overtime pay.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …

New ADA amendments law expands employee disability rights

11/06/2008

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.

Must we offer severance pay?

11/06/2008

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?

When a new employee brings competitor information, are we at risk?

11/06/2008

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?

How does the Colorado Civil Rights Division’s appeal process work?

11/06/2008

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?

How should we respond when one of our customers acts strangely?

11/06/2008

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?