Vance O. Knapp

Vance O. Knapp

Sherman & Howard L.L.C.

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Latest Publications


Colorado Supreme Court Upholds Employers’ Right To Fire Employees That Test Positive For Medical Marijuana

In a case which has been monitored by employers nationwide, the Colorado Supreme Court upheld an employer’s decision to terminate an employee for testing positive for tetrahydrocannabinol (THC), in a random drug test....more

6/16/2015 - CO Supreme Court Decriminalization of Marijuana Drug Testing Employment Policies Hiring & Firing Illegal Drugs Lawful Activities Act Marijuana Medical Marijuana Off-Duty Employees Zero Tolerance Policies

How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including...more

1/15/2014 - ADA Decriminalization of Marijuana Hiring & Firing Law Matters Legal Perspectives Marijuana Medical Marijuana

No Violation of FMLA to Refuse Request for Light Duty Before Return to Work

Employers sometimes offer light duty work to employees who are recuperating from injuries, illnesses, or other medical conditions, when they cannot yet perform the essential functions of their jobs. Employers may have a...more

3/11/2013 - Essential Functions FMLA Light-Duty Positions Medical Leave

AMENDMENT 64: How Do Employers Address the Legalization of Marijuana in Colorado?

On Election Day 2012, Colorado voters approved Amendment 64 legalizing marijuana by 54.7% of the popular vote. This Amendment shall take effect no later than January 5, 2013. Amendment 64 allows individuals 21 or older to...more


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