Colorado Business Legal Questions

There are a lot of moving parts here. What was your car doing in somebody else's lot when you weren't shopping there? Did the store owner do something wrong by not securing the carts? Was the storm forseeable? My guess is that you get nothing, but maybe not. Impossible to say from these facts.... Read More

I would never advise a client to operate a business as a sole proprietorship, since it provides no liability protection. It is relatively simple and not expensive to form (and operate) an LLC, and I would strongly recommend you do so.    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read More

Based on your question, you may have a case for defamation, though in light of today's efforts to avoid violence in the workplace it may be an uphill battle depending on the factual context.  You could potentially recover damages or obtain injunctive relief to prevent the manager from making false statements about you. In Colorado, the elements of a cause of action for defamation are: (1) a defamatory statement concerning another; (2) published to a third party; (3) with fault amounting to at least negligence on the part of the publisher; and (4) either actionability of the statement irrespective of special damages or the existence of special damages to the plaintiff caused by the publication. As a threshold matter, there can be no claim for defamation if the statement complained of isnot defamatory. It is for the court to determine in the first instance whether a statement is reasonably capable of bearing a defamatory meaning.  You may have some issues here since the manager may be relying on information from other sources or on information based on the manager's own observations. With regard to the second element, the manager must have "published" the defamatory statement to a third party.  It's unclear if the statements were made solely to you or to others, as well. There are other aspects that will be significant in determining if you have a claim, including whether the manager made the statement as an opinion or as a statement of fact. Statements of fact are not protected speech under the First Amendment to the United States Constitution. Statements that do not convey factual assertions, namely opinions, however, may be afforded constitutional protection.   In any event, an attorney would need to know more to evaluate whether you have any potential claims.   You may want to enter into a conversation with the manager to see what behavior may have given the manager the impression that you are violent (correctly or incorrectly) and determine if it is a matter of perspective or whether you may, in fact, potentially benefit from the recommended program.  The programs are usually not overly burdensome and may be beneficial regardless of the truth or falsity of the underlying reasons for referral, not to mention that participating in the program gives management the impression that you are a member of team and perhaps a good long term fit with the company in light of your willingness to participate. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi  ... Read More

This will, of course, depend on what you have signed.   You likely signed an agreement which states the daily charge you will be assessed for use of the vehicle in the event the transaction is not consummated.  If this aggregate amount exceeds your deposit, you would likely not receive anything back, as it is appropriate that you are assessed for the time you were able to use the vehicle(s), provided the vehicle was functional.  If you were provided with a functional vehicle for only a short period of time, only those periods should be deducted from the deposit, unless the dealership has another basis under which to make a claim to the deposit (will depend on the agreements and the specific facts). However, it appears you had lots of problems with the various vehicles, so the dealership should work with you and should not charge you for periods of time you were provided with a vehicle that did not function. If the dealership is not being fair with you, or if the dealership is abusive, you should consider whether any of the dealership laws or regulations have been violated.  If you believe in good faith that a violation has occurred or may have occurred, you can reach out to the Colorado Auto Industry Division (the regulatory body for dealerships in Colorado) and speak with an investigator and, if appropriate, file a complaint against the dealership. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi... Read More

It is difficult to advise you. The "first guy" isn't liable unless he did something wrong. He didn't do anything wrong if the defects which later emerged could not have been detected with ordinary care. Moreover, there is no evidence that the "first guy" caused these defects, rather than their having arisen from the accident. There is only so much suing that one can do over $500. This is truly a small small claim. Perhaps you will just lick your wounds and move on?... Read More

There has been a great deal of litigation over this subject. In general, if the bank's depositor agreement (the agreement you signed when you first opened your account) contained a disclosure that the bank would present your items in this fashion, you are cooked. You should review that agreement, possibly with the assistance of an attorney.... Read More

Federal law does not require meal and rest breaks. As long as you are paid for all of the hours you worked, at least as far as federal law is concerned, you are not required to be provided with time off (compensated or uncompensated) during long days. Some states have more employee-friendly rules, but to my knowledge Colorado is not one of them.... Read More