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March 2015 Archives

Is your business’ marketing plan violating the law?

Some business owners believe that marketing is no–holds–barred venture, or free of any restrictions or rules since it seems like just about anyone can take out an ad. However, that isn’t the case. In fact, some small business owners find themselves in trouble with the law for merely trying to market their business.

Do Anxiety and Depression Qualify as Disabilities Under the Law?

Ms. DeGerolamo began working for her employer as a Marketing Coordinator in November 2007. Ms. DeGerolamo took a leave of absence in August 2012 for anxiety and insomnia under the Family Medical Leave Act ("FMLA"), alleging that she suffered from "great anxiety and depression" which was especially aggravated by crowded roadways experienced during the heavy traffic of rush hour.

The risks of using personal email accounts for business

Law Week Colorado recently featured an interesting story about employees’ use of personal email to send business-related messages. Today, nearly everyone has a personal email account as well as a business email account, and problems can arise when the two are used interchangeably.

Is Sexual Orientation Discrimination Legal?

Ms. Flood was a customer service employee at a Bank's 24-hour call center in Maine from July 24, 2006, through October 1, 2010. In March 2009, Ms. Flood met a woman named Keri who cleaned at the call center where Ms. Flood worked. The pair began dating in October 2009 and would frequently spend their break time together. In April 2010, Ms. Flood was at a bank social event and was sitting at the Lesbian, Gay, Bisexual, Transgender ("LGBT") table. Ms. Flood's supervisor, Ms. Castle, approached the table and saw a photo of Ms. Flood embracing her girlfriend at a local bar. Ms. Castle appeared shocked and quickly walked away. After seeing the photo, Ms. Castle contacted the LGBT table's sponsor and complained that the picture was offensive because it depicted alcohol; the sponsor then removed the photo from the premises.

Does the Employer or the Employer Pay for Unemployment Benefits?

I was recently volunteering and a man came in with a legal question about unemployment benefits. His wife had been denied her benefits after working at the same company for twenty (20) years. The gentleman wanted to know how the company could deny her money since she'd been "paying into unemployment for twenty years." This prospective client's misconception is very common. While some states require an employee to pay for unemployment; in Colorado, it is illegal to require an employee to pay into an unemployment benefits fund.