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Denver Employment Law Blog

When is a noncompete agreement the right choice?

Every successful company has their own way of doing things. It gives them an edge in a crowded marketplace. Protecting that edge is a big part of why noncompete agreements are made, but there a line where self-protection becomes an illegal handicap.

As we've written before, noncompete agreements have a definite benefit to employers, but there are also important qualifications to them. Crafting an agreement that is both legal and effective has to meet Colorado’s standards. The most important of the standards, however, is reasonableness. An unreasonable agreement is unenforceable

Gender discrimination lawsuit against Microsoft reveals issues

Microsoft has been at the center of a major lawsuit regarding gender discrimination in recent years, and the lawsuit has just caused some critical information to leak out regarding the company's handling of internal complaints related to gender discrimination. This is big news because these details rarely make it out into the public eye ever -- regardless of the company.

According to the information from this lawsuit, from 2010 to 2016, Microsoft received 118 complaints from employees internally about gender discrimination. These complaints were related to women being denied raises or promotions. You would think given the sheer number of complaints that a handful of them would be addressed by Microsoft. But actually, only one of the 118 complaints was deemed "founded" by Microsoft.

Does that text from your boss mean what you think it does?

Images leave a lot up to the imagination when attempting to understand their meaning. Just as art is subjective, so are emojis. Getting a text from your boss with a rocket followed by a flower and ending with a winky face might seem harmless but the meaning behind it could be more deviant. Sometimes it is obvious; sometimes it is not.

Fruit and veggies are not just for eating

Emojis are like a hieroglyphic form of slang and mean different things to different people. Agreeing to one particular interpretation of a specific emoji is not easy. Keeping up with the latest trends in the world of emojis can feel like going around in circles. The language of emojis is continually evolving but in some cases, it takes little effort to decipher the message. More and more frequently pieces of produce are being linked to signify areas of the human body. For example, it takes no stretch of the imagination when you see the eggplant emoji to compare it to the male body part that it most closely resembles.

Awareness of employment discrimination is increasing

The Federal Civil Rights Law forbids workplace discrimination based on race, color, gender, nationality and religion. It is meant to protect employees' civil rights by making discrimination based on these factors illegal. The act, also known as Title VII, was enacted in 1964, but it is just as relevant today as it was over 50 years ago.

Workplace discrimination has become a hot-button issue for employers and employees alike. Awareness of workplace discrimination has risen dramatically in the past year--for several significant reasons.

Can caring for a sick child get you fired?

These days, economic realities demand that most parents work out of the home in addition to caring for their families. For many parents, balancing work and family responsibilities is a constant struggle - nearly half of American parents worry about losing their jobs because of family obligations, according to the Bright Horizons Modern Family Index.

No one understands this struggle more than parents whose children experience serious injuries or illnesses. Often, these children require a level of care that gets in the way of a full-time job. The good news: There are legal protections for caretakers who have to take time off work. The bad news: Some employers abuse federal employment laws and try to retaliate.

Understanding employment contracts before signing

Starting a new job can be exciting and intense all at the same time. Once a job has been secured, new employees are usually provided with multiple forms to review and sign. In the mix of these documents, employers may sometimes include employment contracts. Before sealing the deal, it is important for Colorado employees to read through and understand any contract before signing.

An employment contract is a written agreement between an employer and employee that sets terms and conditions of an employment relationship. It is important to understand that not all contracts are the same and usually vary depending on the job title and level of leadership. In general, most employment contracts will include a job overview along with compensation and benefits. Some additional perks may be a company car and gas mileage or moving and transition expenses.

When should employers use an employment contract?

There are many things to go over when you hire a new employee: Just a few examples include terms of employment, job duties and salary. Some employers are fine with using an implied contract when hiring employees. In an implied contract, the terms of labor generally fall under state and federal law. However, many employers prefer to use a legally sound employment contract.

Unlike an implied contract, an employment contract is a signed document between an employer and employee that clearly defines the rights and responsibilities of both parties. If the signatories should have a conflict, the contract can frequently be used to resolve the issue. So, when should employers consider using employment contracts? We will go over three scenarios in which these contracts may come in handy.

Delivery drivers claim car costs slice their pay

Every driver knows that owning a car comes at a price. Not only are you paying for the car itself, but you're also paying to keep it in good condition and insured. And when it comes to people who drive for a living, the price of owning and maintaining a car seems to triple. So who should pick up the bill for keeping the car on the road - the employer or the employee?


How to determine if it's a wrongful termination

One of the most stressful situations in life can be losing a job, especially when the reason may be unknown or unlawful. Although most terminations are legal, there are instances where employers have illegally fired an employee. Whatever the case may be, if a Colorado employee feels that he or she has fallen victim to a wrongful termination, it is wise to review the state's employment laws before proceeding with any legal action.

Landing a job can be extremely hard, but losing that job unexpectedly is even harder, especially when the termination is unlawful. Employees may find themselves wondering what they did wrong or even if they said something wrong. Knowing what justifies as being unfair or illegal may help an employee determine if he or she can successfully sue an ex-employer.

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