Author: Colorado Employment Law Letter

Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

Heeere’s Johnny!!! Or, what horrors lurk in your building?

If you’ve seen The Shining you certainly remember the scene when Jack Nicholson’s character, now thoroughly possessed by the Overlook Hotel’s diabolical spirits, hefts an axe and chases his wife through the snowbound resort. Cornering her in a bathroom, he splinters the door and bellows, “Heeere’s Johnny!”  Scary stuff, for sure. For me, though, I […]

Unfixing a fixed-term contract

by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.

Military downsizing and recruiting opportunities: What HR should know

As the nation’s military continues its downsizing phase and unemployment statistics for veterans remain significant, attention is turning to efforts intended to help veterans find jobs. Civilian employers have been focusing on ways to recruit former service members, and more than a handful of states have passed laws in recent months to allow employers to […]

WFH

Employers may be liable for transgender discrimination

by Ryan B. Frazier The legal landscape related to sexual orientation and gender identity has been shifting in recent years. The impact of same-sex marriage on employers and other topics involving homosexual employees and their partners have been featured in previous issues of this newsletter. Recent lawsuits and statements by key governmental officials have now […]

Recent events confirm racists, misogynists are not extinct

by Dinita L. James Last July, the nation celebrated the 50th anniversary of the Civil Rights Act of 1964. The focus rightly was on how far we have come as a society in eliminating discrimination on the basis of race, color, religion, national origin, or sex. Close on the heels of that celebration, however, recent […]

How to respond to an employee who mentions suicide

by Kaitlin L. Hillenbrand Q One of our employees recently told the HR director that she “prays for death every night.” Is there anything we are legally required to do in response?  A A condition that causes an employee to become suicidal may be covered under the Americans with Disabilities Act (ADA). In that case, […]

Supreme Court rules against Abercrombie & Fitch in headscarf lawsuit

by Charles S. Plumb On Monday, June 1, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa store. In some ways, the Supreme Court’s decision may have the unintended result […]

Model notice for new Massachusetts paid sick leave law published

by Kimberly A. Klimczuk The Massachusetts attorney general (AG) has published a model notice that employers may use to fulfill their obligations to notify employees about the state’s new earned sick leave law that goes into effect on July 1. In addition, the AG has issued a new “safe harbor” notice that makes it easier […]

Going beyond the mantra: Don’t just document, document correctly

Human resources professionals know well the mantra: Document, document, document. But just writing things down isn’t enough. HR needs to recognize and avoid common documentation mistakes. Susan G. Fentin, a partner with the Skoler, Abbott & Presser, P.C. law firm in Springfield, Massachusetts, recently outlined common mistakes as part of a Business & Legal Resources […]