Recent Answers to Colorado Law Questions
Can a Colorado employer change the date of termination on a severance agreement and release notice that says "draft"?
Employment
Severance Agreement And Release
Colorado
I was recently given a Severance Agreement and Release from my company. My position will end in May. Because the agreement says "draft" and has not been signed, I am unsure if the company can come back with a revised version saying my last day will be sooner.
Demetre K.
The short answer is that they probably can. Colorado is an at-will employment state, meaning your employer can generally change the terms of your employment, including your termination date, at any time and for any lawful reason. Since the agreement is marked "draft" and hasn't been signed by either party, there is no binding contract locking in that May end date. That said, this is the general rule. If you have an employment agreement, offer letter, or other written documentation that guarantees a specific termination date or notice period, that could change the analysis. You would want to review any such documents carefully to confirm whether your employer has already committed to specific terms. There are also some important protections worth knowing about in this context: If you are 40 years of age or older and the severance agreement asks you to waive age discrimination claims under the Age Discrimination in Employment Act (ADEA), your employer must comply with the Older Workers Benefit Protection Act (OWBPA). Among other things, the OWBPA requires that you be given at least 21 days to review and consider the agreement before signing, or 45 days if you are being terminated as part of a group layoff or reduction in force. You also get a 7-day revocation period after signing during which you can change your mind. Here is the part that may relate to your question: if your employer makes a material change to the agreement, such as moving up your termination date, the review period starts over. So even if you have been sitting with the draft for a couple of weeks, a revised version with a new termination date would likely give you a fresh 21 or 45 day window to consider the updated terms. ***This response is for general information purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney.***
Can a Colorado employer change the date of termination on a severance agreement and release notice that says "draft"?
Employment
Severance Agreement And Release
Colorado
I was recently given a Severance Agreement and Release from my company. My position will end in May. Because the agreement says "draft" and has not been signed, I am unsure if the company can come back with a revised version saying my last day will be sooner.
Mark D.
Typically an employer can change the date subject to it being an untrue statement.
Looking for asylum
Immigration
Immunity Agreement
Colorado
I’m an Indian(hindu )and looking for asylum, can I opt out for the same
Dayton M.
Asylum is very fact specific - I actually wrote a blog on it recently. Let's talk! Blog - https://www.dcmvlaw.com/blog/vmj55vcq17ig3sqsxufb5zoh28fcb1
What type of attorney would I hire for a problem with a HVAC contractor that installed the wrong size of equipment.
Dispute
Settlement Agreement And Release Of Claims
Colorado
I hired a HVAC company to install a new heating and cooling system to replace existing units. The problem is they installed undersized units
Dean F.
A civil litigation attorney can help you resolve a dispute with an HVAC contractor. They typically will help you try to resolve the issue prior to filing suit. And if that does not resolve it, they are experienced in litigating matters in court.
Are employment contracts confidential?
Employment
Employment Contract
Colorado
I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.
Donya G.
Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon
Can I break a commercial lease if landlord stops providing heat?
Real Estate
Real Estate Lease Agreement
Colorado
I have been renting a commercial space for more than ten years. There have been consistent issues with heating and AC, as well as a leaking roof. For two weeks now there has been a major issue with the heater—it is not working. I have filed two maintenance requests, the first of which said the issue was handled. I just found out today (14 March) after reaching out a lot that the heater needs parts that are back ordered and won’t be available until 7 April. This is the last straw for me. I am wondering what the chances are of getting a letter about breaking the lease and being given time to find a new space. Any advice is helpful, and if this is possible I would love to get a quote.
Jane C.
It depends on the terms of the lease. The apartment is not habitable at the moment, so you should at least get a rent abatement. You should have a Colorado attorney review the lease.