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Law Frog June Episode

Tune in to KILO 94.3 on the third Wednesday of every month from 8am-9am to hear David McDivitt of the McDivitt Law Firm address legal concerns of residents in Southern Colorado. David has plenty of interesting legal stories and advice to share. If you have any questions or need help deciphering “legalese” be sure to call in at 719-633-KILO or visit here to submit a question.

Episode 6: June 18th, 2020

Legal Issues Covered This Week


Caller: Can businesses who are receiving the Payroll Protection Program loan keep the majority of the loan for themselves and not use it to pay their employees?

David: Employers who qualify and receive this type of loan will be expected to use the funds to help keep their business stay afloat and keep their current employee count. Businesses are not necessarily forced to use the funds in a specific way, but if they use the money unwisely and contradictory to what it is intended for, the loan will not be forgivable. Businesses have an incentive to keep their current employees or to rehire the same amount of employees they originally had. They may qualify for loan forgiveness if they are able to follow specific guidelines.

Takeaway: It is difficult to dictate how a business may use the funds from the Payroll Protection Program. That being said, they are incentivized to use this money to pay and keep as many employees as possible. Using this loan for what it is intended is likely in the best interest in the employer’s longevity.[bluehr]

Caller: Alexander’s brother is living with him and accumulating junk in the backyard. The county has threatened to fine Alexander if he does not remove the junk. He is worried that if he takes action to remove the junk per the county’s direction, that he may be liable for theft of his brother’s property.

David: The best approach here will be to work out an arrangement with Alexander’s brother to relocate the junk by a certain deadline. Alexander can protect himself by giving his brother written notice that the rubbish must be hauled away by a certain date. If it is still there by the deadline, Alexander should have the junk removed to avoid a fine from the county.

Takeaway: Written notice with a practical timeline for the junk to be removed is a great way for Alexander to protect himself in the case that he must remove his brother’s junk after the given deadline. He should make it clear to his brother that action must be taken because the county considers it trash, and Alexander will suffer penalties if it remains on the property.[bluehr]

Caller: Jim wants to know if his employer can force him to have his temperature checked before starting work?

David: Employers are allowed conduct temperature checks with employees coming into work to ensure a safer environment. If you are uncomfortable with this maybe you could work something out with your employer to take your own temperature, then show the display.

Takeaway: Employers do have the right to take an employee’s temperature before starting their shift.[bluehr]

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