About Michael Schreiner

Mr. Schreiner is a senior litigator at Caplan and Earnest. Mr. Schreiner’s practice focuses on employment issues, employment-related litigation, commercial litigation matters and public education.

10th Circuit Affirms Ortega Decision Involving Collective Bargaining Agreement, Grievance Process

A recent decision of the 10th Circuit Court of Appeals, Ortega v. New Mexico Legal Aid, Inc., et al. (No. 15-2098, 10th Cir. March 29, 2016) reiterates that if a collective bargaining agreement contains a grievance process, that process must be completed before an employee can assert a breach of contract claim against the employer. Mina Ortega was an attorney [...]

By |2016-12-27T11:06:26-06:00April 6, 2016|

10th Circuit Case Highlights Workplace Misconduct Investigations

A recent, unpublished 10th Circuit case demonstrates the importance of thorough, independent investigations into allegations of workplace misconduct. In Hanson v. Colorado Judicial Department (10th Cir. No. 13-1166, April 29, 2014), Hanson, a support clerk in the probation department of Colorado’s Fourth Judicial District, complained to human resources that her immediate supervisor and another supervisor were harassing her and treating [...]

By |2016-12-27T11:07:08-06:00May 20, 2014|

Recent Colorado Cases Broaden Contract v. Employee Considerations

Two recent Colorado Supreme Court cases, Industrial Claims Appeals Office v. Softrock Geological Services, Inc., (No. 12SC501, May 12, 2014) and its companion Western Logistics, Inc. v. Industrial Claims Office, (No. 12SC911, May 12, 2014) clarify that the determination of whether an individual is an independent contractor or employee for purposes of unemployment tax liability is based on the “totality [...]

By |2016-12-27T11:07:09-06:00May 15, 2014|

Preventing Sexual Harassment in the Workplace

Sexual harassment not only violates state and federal law, it inflicts emotional distress on victims, creates a hostile work environment for all employees and subjects employers to liability. Encouraging the prevention of sexual harassment is consequently beneficial for the well-being of employees and the well-being of the company. To foster a non-discriminatory workplace, it’s important that employees understand what sexual [...]

By |2016-12-27T11:07:09-06:00May 13, 2014|