Colorado Business Legal Questions

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100 legal questions have been posted about business law by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.
Colorado Business Questions & Legal Answers - Page 3
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Recent Legal Answers

Can my employer delay my paycheck for an entire month do to their of fice clerical error?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, governments enjoy certain kinds of immunity for claims like this. In any event, the damages available for late payment of wages are likely to be extremely small or non-existent.
As a general matter, governments enjoy certain kinds of immunity for claims like this. In any event, the damages available for late payment of wages... Read More
The answer is "maybe." Certain debts incurred for basic support (such as food and medical expenses) may be deemed "necessaries," and you may be responsible for them to the vendors under state law. Moreover, in connection with a divorce, the court has the power to require you to pay a share of debts incurred by your husband during the marriage, even if they are not in your name.... Read More
The answer is "maybe." Certain debts incurred for basic support (such as food and medical expenses) may be deemed "necessaries," and you may be... Read More

Is a written contract required for filing a small claims action?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
No.
No.
If a signed agreement by both parties was a condition to the effectiveness of your agreement, the absence of a signed agreement defeats your claim. An attorney would need to review the email chain and other exchanges with the seller to assist you in evaluating whether to pursue this. My guess is that $500 isn't worth suing for.... Read More
If a signed agreement by both parties was a condition to the effectiveness of your agreement, the absence of a signed agreement defeats your claim.... Read More

I have A business method w/software that I am Licensing to Real Estate Agents.

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You probably don't want to refer to anyone who isn't legally your "partner" as being your "partner," because it implies that they have an interest in your joint business activity and can legally bind you. The licensee of your software and of your related trademarks is called a "licensee." You can come up with a lot of other terms to describe your relationship, but "partner" would probably not be your first choice.... Read More
You probably don't want to refer to anyone who isn't legally your "partner" as being your "partner," because it implies that they have an interest in... Read More
You should not need any licenses to operate an online business from your residence, unless the business would be required to be licensed if it were conducted in person. You don't explain what kind of business it is, so that's really impossible to answer. If you receive "crowdfunding" contributions to your business that are not associated with granting equity to investors, those payments are taxable gross income,... Read More
You should not need any licenses to operate an online business from your residence, unless the business would be required to be licensed if it were... Read More
There are not many lawyers who practice plaintiff-side unemployment law. As you can imagine, it's not very lucrative as a practice area. Perhaps you should check with a supervisor or higher-level employee at the state.
There are not many lawyers who practice plaintiff-side unemployment law. As you can imagine, it's not very lucrative as a practice area. Perhaps you... Read More
Probably not, but they can arrange for a tow company to remove the car at your expense.
Probably not, but they can arrange for a tow company to remove the car at your expense.
Sometimes people respond to a demand letter from an attorney that threatens suit unless the conduct ceases (sometimes referred to as a "cease and desist letter"). See an attorney to have such a letter drafted on your behalf.
Sometimes people respond to a demand letter from an attorney that threatens suit unless the conduct ceases (sometimes referred to as a "cease and... Read More

I don''t no what type of suite this is.. is it civil?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
This kind of lawsuit would be a civil lawsuit. See an attorney to discuss your claims.
This kind of lawsuit would be a civil lawsuit. See an attorney to discuss your claims.
Anybody can send a cease-and-desist letter to anyone; whether it will work depends on how threatened the recipient feels. As a general matter, a court will not issue injunctive relief against future speech, but you can recover damages for injury to your reputation for past speech. See an attorney.... Read More
Anybody can send a cease-and-desist letter to anyone; whether it will work depends on how threatened the recipient feels. As a general matter, a... Read More

What can I do?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, a person does not lose her inheritance rights merely because she is mentally incompetent. If she is incapable of attending to her own affairs, a conservator or trustee may be appointed for her. That person would receive her share of the inheritance and invest it for her benefit and for the benefit of her heirs. There is a very strong presumption of sanity and these remedies are granted only in unusual cases. A court may refuse to honor the deceased's appointment of an executor if the executor is manifestly unfit. You need an attorney to represent you in this matter. A computer cannot solve these issues for you. Get a lawyer now.... Read More
As a general matter, a person does not lose her inheritance rights merely because she is mentally incompetent. If she is incapable of attending to... Read More

Can I sue a hotel corporation or the branch hotel for manager harrassment?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The facts to which you allude do not give rise to any actionable damages.
The facts to which you allude do not give rise to any actionable damages.

What Licenses do I need to obtain to legally sell on ebay in Colorado?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
That's probably more than you need. Good luck.
That's probably more than you need. Good luck.
If you have not already resolved this matter, you should consult with an attorney who is experienced in technology law and litigation. He will be able to review the emails and other relevant information and advise you. Good luck.
If you have not already resolved this matter, you should consult with an attorney who is experienced in technology law and litigation. He will be... Read More
It is not possible to answer your question in the manner you have phrased it. As a general matter, an "outsourced" employee has a "real" employer and a "technical" employer, and the former determines how long employment lasts. The employee may, of course, quit at any time.
It is not possible to answer your question in the manner you have phrased it. As a general matter, an "outsourced" employee has a "real" employer and... Read More
Your employer maintains insurance, which is required by law, for precisely such occurrences. In the event that further issues ensue, such as infection or scarring which requires plastic surgery, you want to make sure that you are covered. It would be extremely unusual for an employee -- particularly a long-term older employee -- to be discharged for following the prescribed procedure for an on-the-job injury.... Read More
Your employer maintains insurance, which is required by law, for precisely such occurrences. In the event that further issues ensue, such as... Read More

What''s the statue of limitations on filing sexsual harassment

Answered 13 years and 11 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Extremely short, generally one year or less, and frequently six months, depending on the statute under which you proceed. See an attorney immediately.
Extremely short, generally one year or less, and frequently six months, depending on the statute under which you proceed. See an attorney immediately.
As an at-will employee without an employment contract or similar arrangement, your employer may terminate your employment at any time for any reason or no reason at all, including your refusal to speak favorably about the company. Although you do not mention it in your inquiry, there may be problems for your employer if you are being asked to falsely hold yourself out as a satisfied customer of your employer when in fact you are not. Your personal attorney can best advise you regarding this matter.... Read More
As an at-will employee without an employment contract or similar arrangement, your employer may terminate your employment at any time for any reason... Read More
You may have a chance of recovering the excess, but I would start with the premise that this is terrible customer service for a loyal customer like you. Why don't you write the president of Avis and request an adjustment first? You can always sue later.
You may have a chance of recovering the excess, but I would start with the premise that this is terrible customer service for a loyal customer like... Read More
As a general matter, sales are final, moreso when the express terms to which the buyer agreed state that they are final. The seller of services has no duty to provide a refund of any kind. She can either use the remaining seven sessions or transfer them to someone else. In any event, they are hers.... Read More
As a general matter, sales are final, moreso when the express terms to which the buyer agreed state that they are final. The seller of services has... Read More

If I move my retail business into an old existing building, do I have to add a wheelchair ramp?

Answered 13 years and 11 months ago by Michael Katz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
     You note that you "occupy" the building.  I am assuming therefore that you are a tenant.  As a result, the obligation to provide American with Disabilities Act (ADA) access points resides with the landlord.  Generally, ADA access is required for most commercial buildings though such access points need not be directly at the front door of the property.  Further, local building codes may have additional access requirements.  Take a look at www.ada.gov.  The landing page then has a tab at the top for "ADA Design Standards".  On that page there is a hyperlink to "Title III regulations".  HIt that link.  This will take you to the full law.  My first stop however would be to call the landlord to find out what he or she has done to comply with the ADA.  If you receive no help at that point, I would then contact the building department.  Without giving them your name or address ask them about a tenant's obligation to provide access. Michael J. Katz Corporon & Katz, LLC, Aurora, Colorado      ... Read More
     You note that you "occupy" the building.  I am assuming therefore that you are a tenant.  As a result, the... Read More
As a general matter, public restrooms are open to the public. To avoid having this matter create possibly adverse consequences for you in the future, you should seek the services of a local criminal defense attorney so that you can have the best possible chances of having the charges dismissed. See an attorney immediately. This forum is not a substitute for an attorney.... Read More
As a general matter, public restrooms are open to the public. To avoid having this matter create possibly adverse consequences for you in the future,... Read More
Without looking at the documents, it is very difficult to determine what has occurred in this matter.  I am assuming that you were not represented by legal counsel in this matter.  However, it appears that the court heard evidence and made a ruling that despite the fact that the other "partner" denied you held a partnership interest in the business, the bulk of the evidence support the finding that in fact, you did hold such an interest.  If that is the case, then the "conclusions of law" should outline the consequences of such a finding of fact. I hope that helps Michael J. Katz Corporon & Katz, LLC... Read More
Without looking at the documents, it is very difficult to determine what has occurred in this matter.  I am assuming that you were not... Read More
As a general matter, the statute of limitations on contracts is much longer than the two years in question. In any event, you appear to have waived this limitation by continuing to perform (or at least reassuring the bride of your continuing willingness to perform), notwithstanding the passage of time. If you sold the "business" but made a personal promise to a former customer to continue to perform, it would appear that you are bound by that promise. What can she do to you? It depends. Certainly anyone can sue anything for anything. If she has prepaid for these services, she can get her money back, with interest, if she wins. In addition, you may be forced to defend yourself and to expend attorneys' fees to do so. Whether her demands are "unreasonable" is, of course, a question of fact. It does not appear from your posited facts that there were any contractual limitations on what she could demand, and you appear to have acquiesced in her demands to date. This doesn't look good from the standpoint of an onlooker.... Read More
As a general matter, the statute of limitations on contracts is much longer than the two years in question. In any event, you appear to have waived... Read More