Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: agreement

The One Area of Connecticut Law Employers Love (For Now)

Posted in Human Resources (HR) Compliance, Laws and Regulations

  Over the weekend, The New York Times ran a surprising (at least to me) article about how Idaho has implemented a legal framework that gives employers a great deal of flexibility in an area getting a good deal more publicity of late: Non-compete agreements. (H/T to a post by Suzanne Lucas in Inc. too.)… Continue Reading

Protecting Confidential Information from Untrustworthy Employees

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

My colleague Gary Starr returns today with a story worth reading about the need for employers to secure confidential information.  Although it is based on Massachusetts, the concepts it covers may have some carryover to employers elsewhere as well.   Employers that maintain records of their employees and customers and allow employees have access to confidential… Continue Reading

Legislative Update: New Non-Compete Restrictions for Physicians

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

Continuing my review of new employment-related bills is a measure that limits the use of non-compete agreements for doctors. Anyone who tracks bills knows that the name on the bill sometimes doesn’t match the content. Senate Bill 351 entitled “AN ACT CONCERNING MATTERS AFFECTING PHYSICIANS AND HOSPITALS” is a good case in point. Seems innocuous… Continue Reading

How to Fire Your Employee Without Getting Sued

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued. Indeed, the title is a bit of a misnomer.  It’s often been paraphrased that anyone can sue anyone else for anything at… Continue Reading

CHRO Right to Sue Letter Enough to Bring Federal Discrimination Claims to Court

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Litigation

In catching up over some interesting employment law cases from 2015, I came across Lennon v. Dolce Vida Medical Spa (download here).  You would be forgiven if you missed it because it’s an unreported Superior Court decision on a seemingly-technical issue. But, if followed by other courts, it has a notable twist. First, the simple… Continue Reading

Court’s Decision on Severance Agreements Avoids Central Issues

Posted in CHRO & EEOC, Class Actions, Human Resources (HR) Compliance

Just a quick followup today on a post from last month. As I reported then, a District Court judge dismissed a closely-watched EEOC lawsuit against CVS challenging a pretty standard severance agreement.  But the grounds for the dismissal were unknown back then. The wait is over; the written decision was released yesterday.  For those that were hoping that… Continue Reading

How Long Can You Enforce a Non-Compete Agreement For?

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & Hour

Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other… Continue Reading

Court: Contract That Allows Employer to Raise Employee’s Salary Also Means No Decreases

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

So, remember back in February where I noted that employers ought to “consider having an attorney review some of your [employment] agreements … [because sometimes,] poor drafting can sometimes be avoided by having an attorney involved”? We have another appellate court case that emphasizes that point quiet well in Stratford v. Winterbottom. The case involves a town… Continue Reading

EEOC’s Lawsuit Challenging CVS Separation Agreements Is a Big Deal

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

My good friend, Jon Hyman of the Ohio Employer’s Law Blog, probably said it best this morning: I try to shy away from hyperbole, but OH MY GOD, THIS CASE COULD BE RUINOUS!!! Yeah, pretty much. So, if you — like me — have been tied up with day-to-day affairs for a bit, or thinking how tomorrow’s snowstorm… Continue Reading

Legislative Preview: New Life for Noncompete Bill or Is Judicial Reform Better?

Posted in Legislative Developments

One of the bills that passed the Connecticut General Assembly last year was a bill that would have limited the scope and use of noncompete agreements. But as I noted in a post last summer, Governor Malloy vetoed that piece of legislation. In his veto message, however, he signaled a willingness to agree to some… Continue Reading

Another Look at “Moral Turpitude” and Why Drafting Isn’t Always Easy

Posted in Highlight, Human Resources (HR) Compliance, Wage & Hour

Last week, Ken Adams was kind enough to provide us with a great guest post on using the clause “moral turpitude” in employment contracts.  If you haven’t read it yet, take a minute to do so. I agree with Ken that the phrase “moral turpitude” has some issues and should be used sparingly in employment contracts. But… Continue Reading

Bill Voiding Noncompete Agreements in Event of Merger Vetoed By Governor

Posted in Highlight, Legislative Developments

Last month, the General Assembly passed a bill in the closing hours of the legislative session that would have voided certain non-compete agreements in the event that a business was merged or acquired.  It was a watered-down version of a bill that had been weaving its way through the legislature that would have placed limits… Continue Reading

In Drafting Employment Law Contracts, Precision and At-Will Disclaimers Matter

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

Suppose that, after you’ve employed a worker for a year or so, she asks you for a raise. She doesn’t ask about any guarantee term for employment but you come back and give her a 36 month time frame for her salary going forward.  You draft an employee “Employment Agreement” that says ‘‘[t]his will cover the… Continue Reading

Connecticut Part of New Governmental Pact on Employee Misclassificiation

Posted in Highlight, Laws and Regulations, Wage & Hour

With all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider. Over the last few years, there’s been more agency enforcement centered around employee misclassification — that is treating “real” employees as… Continue Reading

Court: Class-wide Arbitration May Be Allowed, Even if Agreement Is Silent

Posted in Class Actions, Human Resources (HR) Compliance

Earlier this month, the Second Circuit (Jock v. Sterling Jewelers, Inc.) affirmed an arbitrator’s decision, concluding that the arbitrator’s analysis should be upheld even if the District Court disagreed with the legal analysis. Such a decision is entitled to “substantial deference”. The case rests on the principle that arbitrations are not going to be going… Continue Reading

What Employers Can Learn From Linda McMahon’s Booking Contract with WWE

Posted in Human Resources (HR) Compliance

With the campaign for U.S. Senate winding up in Connecticut soon, there’s been lots of chatter about Linda McMahon’s role with the WWE.  I’ll leave it for others to analyze political issues arising from her relationship with the WWE, if any, but her relationship with the company provides an interesting backdrop to talk about independent… Continue Reading

Superintendent, School Board Agree to Settlement After Alleged Facebook Posts

Posted in Human Resources (HR) Compliance, Social Media

In a followup to a post of earlier this week, Windsor Locks and its Superintendent of Schools reached an agreement late yesterday in which the Superintendent agreed to resign in exchange for a six month severance payment (to be shorted if he finds work before the expiration of that severance period.) The agreement comes after… Continue Reading

Court Holds that Anti-Solicitation Provision of Former Employee Not Violated “Indirectly” By New Employer

Posted in Litigation

  My colleague, Jonathan Orleans, chips in this week with a guest post on a recent Connecticut case about some of the restrictions that employers try to place on departing employees: Post-employment covenants not to compete and not to solicit frequently include language that prohibits the former employee from “directly or indirectly” engaging in certain… Continue Reading

Attorney for Former DOT Commissioner: Looking Into Possibilities

Posted in Discrimination & Harassment

Yesterday, I commented on the ongoing drama between the state and the former DOT commissioner, who’s departure late last month sparked questions from reporters about the circumstances of his resignation. This morning, I spoke to Richard Hayber, the attorney for the outgoing DOT commissioner about the matter.  He provided me with a copy of a press release… Continue Reading

Breaking: U.S. Supreme Court Affirms Arbitration Provisions in Employment Disputes; What It Means for Employers

Posted in Litigation

In a 5-4 decision released this morning in Rent-A-Center, West, Inc. v. Jackson (download here), the U.S. Supreme Court rejected a challenge to an arbitration agreement that purported to address all matters arising out of an employment dispute.  This decision isn’t the easiest to digest.   First, understand that arbitration provisions governed by federal law have… Continue Reading

Free Webinar on Restrictive Covenants and What Employers Need to Know Now

Posted in Human Resources (HR) Compliance

Have you taken steps to prevent your business from walking out the door? That issue — and the overall use of restrictive covenants will be the subject of today’s free webinar at noon. You can sign up here.  Our monthly webinar series (after taking the holiday period off) runs on the second Wednesday of each month. … Continue Reading

Appellate Court Enforces Non-Solicitation Agreement Even When Clause Misses Operative Language

Posted in Human Resources (HR) Compliance, Litigation

Suppose you’ve drafted a fairly lengthy agreement entitled "Employment, Non-Solicitation, and Confidentiality Agreement" for an employee to sign. And suppose that among the provisions is a paragraph entitled "Agreement Not to Solicit". And now suppose that the language details various items that the employee is prohibited from doing. What’s the issue, you may ask? Well,… Continue Reading

Sounding the Alarm Bells: Three Reasons Why Most Employers Should Get Their Act Together on the COBRA Subsidy Provisions

Posted in Human Resources (HR) Compliance, Laws and Regulations

Although I’ve been sounding the alarm bells for the last two months or so, on the new COBRA subsidy provisions, I’ve had informal discussions with various colleagues that suggest that some employers are either ignorant of the new rules or do not believe that the rules apply to them. Here are three areas why most employers… Continue Reading

UAW/Foxwoods: As Media Reports Pick Up, Parties’ Silence Begins

Posted in Litigation

Last Friday, I reported on a late-breaking agreement to discuss labor matters between the UAW and Foxwoods. Since that time, media reports have been wide with editorials discussing the matter as well. The Day has been leading the way with a few reports/editorials: In an editorial, The Day indicates that this discussion is a "critical… Continue Reading