Employment Law Tips with Joseph Irwin:
Be careful that your employee handbooks do not unintentionally create an employment contract or a property interest!
Take the recent case of a fired police chief and patrol officer in Tennessee, Freeze v. City of Decherd (6th Cir. 2014). The pair sued the City and won, arguing that the handbook provided a property interest in continued employment. The pair claimed the City fired them summarily, without written notice, any explanation, or any meaningful opportunity to respond. In Tennessee, as in most states and in Colorado, this would be fine because employment is at-will and either party may end the relationship at any time and for any reason. The City clearly relied on this principle when terminating the pair. The court, however, looked carefully at the handbook and adjudicated otherwise. It found language plainly stating, "discipline shall be for cause and follow the basic concepts of due process," and as a result found in favor of the fired pair. Thus, it is critical to understand what consequences handbook language can have on your organization before implementation!
For questions on how best to implement within your company's policies and procedures, please contact us here at Thomas Pollart & Miller LLC at (720) 488-9586.
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Epilepsy Foundation of Colorado
Good works. Supporting non-profit organizations is one way that the employees of TPM fulfill their wish to do good for the community. At the beginning of 2016 our employees nominated their favorite charities and 12 were selected. In the month of September TPM will donate to the Epilepsy Foundation of Colorado. Their mission is to stop seizures, find a cure and overcome the challenges created by epilepsy. The organization works to ensure that people with seizures are able to participate in all life experiences; to improve how people with epilepsy are perceived, accepted and valued in society; and to promote research for a cure.
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2016 Professionals in Workers' Compensation Golf Tournament
TPM recently sponsored a hole for the Professionals in Workers' Compensation Annual Golf Tournament on September 16th, 2016. Our TPM attorneys
Jacqui Condon,
Ilene Feldmeier and
Jessica Grimes were there to greet golfers as they arrived at hole 2. It was a great success with many golfers attending and participating. TPM's booth for the event offered golfers refreshments, including snacks, water, Gatorade and our special Arnold Palmer mix!
We also provided golfers with a little bit of entertainment with an open air photo booth, complete with fun props to keep the good times flying. All in all it was a beautiful day for the golf tournament and everybody had a
great time!
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 An issue that arises occasionally in workers' compensation involves injuries sustained immediately after termination but before the employee has left the premises. The courts have found that an injury that happens while leaving the premises, collecting pay, or gathering clothes or tools within a reasonable time after termination are still within the course of employment. This is because these actions are seen as normal incidents of the employment relationship. Alpine Roofing Co. v. Dalton, 36 Colo. 315 (Colo. App. 1975) ; 1 A. Larson, The Law of Workmen's Compensation s 26.00; Hill v. Gregg, Gibson & Gregg, Inc., 260 So.2d 193 (Fla. 1972).
Some factors that the court will consider are: how long after termination did the injury occur, was the employee in the process of leaving the premises, did the employee leave the premises then return, and is there a possible deviation from the course of employment. For example, in the case of Dalton, the employee was terminated, left the employer's office, and began arguing with his supervisor in the yard about wages he was owed. During the argument the employee called his supervisor a vulgar name. The supervisor then followed the employee to his car and hit the employee in the face breaking his jaw.
The court found that the employee was still in the course and scope of his employment since the incident happened while he was trying to leave the premises and occurred within five minutes of his termination. Conversely, in the case of Rios, the court held that an employee's injury was not in the course of employment when he remained on the employer's premises for two hours after his termination and refused to leave. Rios v. AJM Framers Inc., W.C. No. 4-546-779 (ICAO Dec. 2003).
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Thomas Pollart & Miller LLC is a civil litigation law firm that provides legal services to businesses throughout Colorado, Nebraska and Utah. The firm's more than 55 legal professionals are dedicated to serving the needs of our clients.
Our goal is simple
: to be the legal service provider and partner of choice for civil litigation. We accomplish this by providing superb client service, aggressive representation and sound advice to achieve our clients' business and litigation goals. We have the experience and resources of an established firm, with the personal attention and sensitivity to costs uniquely tailored for each client.
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