Legal Services for Startups & Savvy Businesses in Colorado

Employment

Employee vs Independent Contractor: The Choice is NOT Yours

Employee vs Independent Contractor: The Choice is NOT Yours

Businesses do not decide whether a person is an independent contractor or an employee. Whether a person is an employee or an independent contractor is a legal question—based upon how a person interacts with your company, performs work, gets paid, and other factors. And unfortunately, there is no clear-cut test on what determinates whether a […]

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Founders’ Dilemmas: Obligations to Other Employers

The vast majority of early-stage businesses operate in what I like to call “the hairy netherworld of in-between.” This is the stage where the founders have developed a fledgling concept, generated some excitement, done some early developmental work, but not all the founders have committed to the idea full time yet. This is a natural […]

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Social Media and Confidentiality Clauses

Recently read an article about a teenager whose Facebook status update cost her father the $80,000 settlement he won in an age-discrimination lawsuit. The facts are simple. Father signed an agreement for an $80,000 settlement in an age-discrimination case. The daughter bragged about the award on Facebook. The employer sued to get the settlement award […]

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Terminating an Employee: Best Practices for a Bad Situation

Six months ago you hired an employee. He shows up to work late more often than not. He’s always calling in sick, but never provides a medical explanation. When he is at work, he seems more devoted to updating his Facebook page than improving your company’s bottom line. He looked good on paper when you […]

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Inevitable Disclosure Doctrine: When Your Employer Can Keep You from Working for a Competitor

Most people have heard of non-compete agreements. But there’s another scenario where an employer can keep you from working for a competitor, even in the absence of a prior agreement: the Inevitable Disclosure Doctrine. Three tests must be met for a court to invoke the doctrine. 1) You must possess trade secrets that you do […]

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To Non-Compete or Not to Non-Compete: What Was the Question?

The question is, “should I have a non-compete agreement with my employees?” If you’re asking, the answer is almost certainly yes. A non-compete agreement is a contract (or, perhaps more simply, a clause within an employment contract) between an employee and an employer, where the employee agrees not to enter into competition with the employer […]

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The most expensive legal documents

The most expensive legal documents are the ones you never knew you needed until it was too late. For one example, filing a timely 83(b) election can be the difference between paying no taxes on an appreciating ownership interest in a startup and paying hundreds of thousands of dollars at a time when you don’t […]

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