Colorado Paid Family and Medical Leave Insurance Act. § 8-13.3-501 et seq., C.R.S. 8-13.3-501. Short title. This part 5 shall be known and may be cited as the “Paid Family and Medical Leave Insurance Act”. 8-13.3-502. Purposes and findings. The people of the state of Colorado hereby find and declare that: 8-13.3-503. Definitions. As used […]
Category: Colorado
Colorado’s new non-compete / confidentiality agreement law
Effective August 10, 2022 Section 8-2-113 – Unlawful to intimidate worker – agreement not to compete – prohibition – exceptions – notice – definition (1)Legislative intent. The general assembly intends to preserve existing state and federal case law in effect before the effective date of this act that: (a) Defines what counts as a covenant not to […]
Employee’s duty of loyalty to employer
California The duty of loyalty arises not from a contract but from a relationship-here, the relationship of principal and agent. Agency is “the fiduciary relationship that arises when one person (a `principal’) manifests assent to another person (an `agent’) that the agent shall act on the principal’s behalf and subject to the principal’s control, and […]
Intentional infliction of emotional distress (California and Colorado)
California A cause of action for intentional infliction of emotional distress exists when there is “`”`(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the […]
Adverse possession (California and Colorado)
California (1) Title to property by adverse possession may be established either under color of title or by claim of right. (Code Civ. Proc., §§ 322-325.) When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: “Where it appears that there has been an actual […]
Quantum meruit (California and Colorado)
Implied promise to pay for services rendered California Quantum meruit refers to the well-established principle that “the law implies a promise to pay for services performed under circumstances disclosing that they were not gratuitously rendered.” (Long v. Rumsey (1938) 12 Cal.2d 334, 342, 84 P.2d 146.) To recover in quantum meruit, a party need not […]
Sexual harassment
Quid Pro Quo The essence of the quid pro quo theory of sexual harassment is that an individual “relies upon his apparent or actual authority [in order] to extort sexual consideration from an employee.” Henson v. City of Dundee, 682 F.2d 897, 910 (11th Cir.1982). The courts have stated that quid pro quo sexual harassment […]
FMLA retaliation (Colorado)
To state a prima facie case of FMLA retaliation (circumstantial), an employee must show that: (1) he engaged in a protected activity [taking FMLA leave]; (2) the employer took an action that a reasonable employee would have found materially adverse; and (3) there exists a causal connection between the protected activity and the adverse action. […]
Retaliation for opposing discrimination
Title VII and the FEHA prohibit employers from retaliating against employees for engaging in certain protected activities. See 42 U.S.C. §§ 2000e-2(a), 2000e-3. Title VII claims are governed by the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). Under this framework, the plaintiff bears the initial burden of demonstrating […]