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Douglas D Foote
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Douglas Foote’s Answers

160 total


  • Will I need representation at my mediation? What could my case be worth?

    Have medical records indicating my health problems. Got on FMLA, month and a half later had surgery while pregnant. Had approximately 2 weeks off for recovery.All approved via company's outsourced vendor for leave. Received final written warning f...

    Douglas’s Answer

    It would be very wise to consult with an employment law attorney before your mediation and to be represented at the mediation. It is not possible to assess your case from the facts you have given, but it appears that you potentially have a sound case for a discrimination claim. When you look for an employment law attorney, be aware many employment law attorneys represent only employers, while some represent only employees and a few represent both. Be sure you get one that represents employees. The Denver firm of King & Greisen is a good start.

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  • How should I sue my apartment complex for refusing to fix my AC after over 2 months of complaints?

    I have photo proof that my apartment is still 94 with the AC on full blast at NIGHTTIME even, they refuse to fix it however, just constantly telling me it is working. It is obviously not if it is 94 degrees inside with it's 79 outside. I want redu...

    Douglas’s Answer

    I agree with Mr. Eby. You should consider filing a complaint in the Arapahoe County Small Claims Court. All Small Claims cases must be filed in Arapahoe County Combined Court at 7325 S. Potomac St. Centennial, CO 80112. This website will help you navigate that system: https://www.courts.state.co.us/Self_Help/smallclaims/ . Your claim is that your apartment is inhabitable, which is a breach of an implied (if not expressly stated in your lease) covenant of habitability that goes with every apartment lease.

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  • How can I deal with a medical credentialing firm that's 7 months past when they say "most people can expect results"?

    I am a behavioral health professional in private practice, and have enlisted the services of a medical credentialing service who has said over and over again on phone and in writing that most people can expect results within about three months. I...

    Douglas’s Answer

    From a purely legal perspective, a lawyer would have to review the contract you have with the service to determine if you have any recourse for breach of contract. My best guess without seeing a contract would be that they have disclaimed any specific results. However, it might be worth paying for an hour of a business lawyer's time to review the agreement and discuss what you might be able to do. One question is whether you are signed up for a fixed term or on a month to month basis when it comes to considering terminating the relationship.

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  • I have a small business. I did some work for a customer that totaled $785. She does not want to pay. Do I need a lawyer?

    we agreed on making payment when the work was complete. She told me that she would arrive at the house from work after 2:00 PM. We completed the work at 3 o'clock, so I called her to see if she wanted to meet up for payment. She told me she was on...

    Douglas’s Answer

    This is exactly the kind of matter the El Paso County Small Claims Court is designed to handle. You can do it yourself without a lawyer. Go to this website http://gofourth.org/how-file-small-claims.htm and that will lead you to pretty much everything you need to know. The court clerk can probably answer any questions you might have. Good luck!

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  • Do I need a non-disclosure agreement or an non-compete clause?

    I want to approach a large company about the possibility of using some of their products in my products hopefully in a partnership. But I am worried that if I pitch my idea to them they may turn me away and create a product similar to my idea. Cla...

    Douglas’s Answer

    A non-disclosure / non-use agreement before you disclose your idea would be a very good idea. Any good business lawyer ought to be able to help you with one. However, be aware that many more sophisticated companies are very reluctant to enter into such an agreement without knowing something about the idea, and from what you wrote, disclosing anything about it may cause the result you are concerned about. I suggest you engage a lawyer to talk this through in more detail.

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  • Can these tattoo artists be independent contractors?

    I have three or so tattoo artists who make their own appointments, set their own schedules and price their own tattoos. The shop collects the money and retains a booth rent from it at the end of the week when it's paid back out. They use the shops...

    Douglas’s Answer

    Generally speaking, if the situation is as you describe and you do not exercise any control over when they work, who they work for, how they do their work, what they wear, how much they charge and the like, it is likely they can be classified as independent contractors. It would be wise to have a business lawyer prepare an agreement for you to use with them setting out the things above, stating that they are independent contractors, stating that they are solely responsible for paying all taxes related to their income, that they are solely responsible for their work, and indemnifying you from any liability arising from their work. You also might discuss with the lawyer the wisdom of notifying their customers by a sign or other document given to them before the tattoo work begins that the artists are independent contractors and solely responsible for their own work.

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  • Is my employer allowed to adjust my role and compensation because of a disability?

    The handbook says that salaried employees have access to unlimited PTO. I recently became sick with MS right before a trip scheduled more than a year in advance, when I returned from my trip my salary, and access to sick and vacation time were ta...

    Douglas’s Answer

    Under the Americans With Disabilities Act (ADA), your employer must make "reasonable accommodations" for a disability. The first thing you need to do is determine is you, at this point, in fact have a "disability" and to do that you need to consult a lawyer working in the ADA area or contact a local organization that assists people with disabilities in dealing with employers and others required to accommodate disabled persons.

    If you have a disability, It does not sound as if your employer is accommodating the disability and in fact may be discriminating against you based on your disability. Please contact an employment lawyer working in the disability field as soon as you can. Note that some lawyers work only for employers and others only for employees, and some take both type of clients.

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  • I am a military wife and my husband is title 10. I'm being sued for judgment and garnishment. Am I protected?

    Is there protection for me under the Sailors Act?

    Douglas’s Answer

    I suggest you contact a legal assistance office (judge advocate) at Buckley AFB or Fort Carson. You also could contact the Colorado Bar Association for referral to a lawyer who is a member of the Military and Veteran's Affairs Section. Those lawyers often do pro bono work. That phone number is 303.860.1115.

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  • I just received a letter from an attorney, requesting the entire employee file of a past employee.

    employee released in april 2008. (8 yrs- 2 months) business closed in december of 2010. letter implies a new workers comp file opened for ex employee from new employer. all my files are staged for shredding and would be a horrible inconvenience to...

    Douglas’s Answer

    As Mr. Deasy noted, your cooperation is voluntary, so you can simply reply that you are not willing to release the information. If you are served with a subpoena, then you should consult a lawyer about your obligations. You should be careful about voluntarily disclosing an employee's "entire file", even with the ex-employee's consent, without having a lawyer review what is in it that might provide a basis for the employer's liability for some sort of cause of action.

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  • Do I have to take my shed down?

    I had the design and placement of a shed approved by my hoa and now they are saying that the shed violates the covenants. There are several other sheds in my neighborhood with similar placement. Do I have to take the shed down?

    Douglas’s Answer

    Mr. Deasy's answer is a good one. A lawyer may be able to help you, but only after looking at the documents regarding the approval of the design and placement of the shed, the covenants, and the correspondence you have received from the HOA about this issue. A lawyer practicing HOA law would be a good choice, but many represent only HOAs and not owners. Try to find one that represents owners. Otherwise any good lawyer should be able to help you,.

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