The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a future post (though if you’re really curious you can read it here.) To me, the more interesting of… Continue Reading
Tag Archives: appellate court
Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired… But Only If You’re a Police Officer
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationSometimes, cases that seem like a no-brainer are anything but. Just ask the Town of Stratford which finally won an appeal to the Connecticut Appellate Court. The case, Stratford v. American Federation of State, County and Municipal Employees, Council 15 (download here), will be officially released next week. The case arises from the town’s termination of a… Continue Reading
The Never-Ending Employment Law Case and the Hour-Long Commute
Posted in Highlight, Human Resources (HR) Compliance, LitigationSome cases are easy to explain in a short blog post. This is not one of them. But a new Connecticut Appellate Court case released today, Grasso v. Connecticut Hospice, Inc. (download here) has too many nuggets of information to pass up. It is an example to employers about how cases never truly seem to… Continue Reading
The Zombie Cases: Why Defending Employment Lawsuits Can Be So Expensive
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationHow many times do you have to win? That’s a question that employers may ask themselves when dealing with employment cases because the fact is, a enterprising litigant can make things quite expensive on the thinnest of facts. Indeed, employers may be wondering if these cases are like zombies that rise up from the dead to… Continue Reading
Appellate Court Releases Trio of Important Employment Law Cases
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation, UncategorizedThe Connecticut Appellate Court released three significant employment law decisions on Monday — one of the busiest days in recent memory for the court. For employers, the cases are a mixed bag but do provide some useful practice pointers. City Sheriff Was Not an “Employee” Entitled to Statutory Protection In Young v. Bridgeport, the Court ruled that… Continue Reading
Court: Employee’s Complaint Trumps Performance Issues
Posted in LitigationIt will come as no surprise to employers that summary judgment (essentially, throwing out a case before trial) in employment cases in state court is hard to get. State judges are typically reluctant to grant such a motion, which means cases get scheduled for trial — an expensive and uncertain proposition at best for employers. … Continue Reading
Choose Your Own Takeaway from Appellate Court Decision
Posted in LitigationWhen people come up to me to talk about the blog, one of the things that often gets discussed is “How do you pick things to write about?” Often times, I tell them, it comes easily. But a new Appellate Court decision, Johnson v. Board of Education — a decision that will be officially released… Continue Reading
Appellate Court’s Footnote Suggests Faults in CHRO’s Interpretation of Emotional Distress Damages
Posted in CHRO & EEOC, Discrimination & HarassmentBack in February 2009, I talked at length about whether compensatory damages (for things such as emotional distress) was properly awarded in employment discrimination claims that proceeded to a hearing at the CHRO. I went on to say back then that I believed the agency and the human rights referees at the agency had been… Continue Reading
Court: Failure to Follow Training Program Does Not Give Rise to Breach of Contract Claim
Posted in Human Resources (HR) Compliance, LitigationIn a decision to be officially released tomorrow, the Connecticut Appellate Court has affirmed a dismissal of a breach of contract claim that alleged that the company failed to follow procedures that were outlined in a management training seminar. The case, Brule v. Nerac (download here), is important because it sets some limits to a… Continue Reading
Appellate Court: Trial Court Was Wrong To Deny Summary Judgment Without Oral Argument on Res Judicata Issue
Posted in LitigationThere is an unspoken truth about the Superior Courts in Connecticut: Summary judgment for employers in employment-related claims is typically a long shot. Of course, there are exceptions to the rule. A case to be released by the Connecticut Appellate Court next week shows the difficulty but also shows that at least with regard to… Continue Reading
“If You Don’t Quit (and Sign a Release), You’re Fired”: Court Upholds Agreement; Says It Is Not “Undue Influence”
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationFrom time to time, employers are faced with a quandary: When an employee has not been following the rules, do I fire the employee straight up? Or do I give the employee an opportunity to resign first, and potentially sign a settlement agreement? Why might an employer do that? Well, it allows the employee to save face… Continue Reading
Appellate Court Decision Provides Another Lesson About Preserving Data
Posted in Human Resources (HR) Compliance, LitigationAs I’ve noted before, the appellate courts in Connecticut release their decisions in advance of an "official" publication date for various reasons. I’ve now read over the Appellate Court’s upcoming decision in Paylan v. St. Mary’s Hospital Corp. a few times trying to discern the big lesson for employers to take from this employment discrimination… Continue Reading
The “Brown Paper Bag” of Appellate Court Decisions: Court Affirms Sexual Harassment Verdict
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationI’m sometimes asked how I report on employment law cases in such a prompt manner. There’s no magic formula but I will let you in on a little shortcut I use to skim a series of new cases. Instead of reading an entire case, my eyes first glance at the listed attorneys in the case…. Continue Reading
Say What? Employee Claims Court Does Not Have Jurisdiction to Hear Retaliation Claim He Brought In First Place
Posted in Discrimination & Harassment, LitigationJust when you think you’ve seen it all, another case comes around to prove that theory incorrect. The latest example is Ayantola v. Board of Trustees of Technical Colleges (download here), a Connecticut Appellate Court decision officially released today. In the case, an employee who claimed he was not promoted in retaliation for earlier discrimination… Continue Reading
Are Connecticut Courts Still Instructing Juries Using a McDonnell-Douglas Analysis? The Unanswered Question
Posted in Discrimination & Harassment, LitigationAppellate Court decisions can be frustrating. Every once in a while, instead of deciding the merits of the matter, the court will reject an appeal because a party did not "preserve" the issue at the lower courts through a proper protest. That’s what happened in Mokonnen v. Pro Park, Inc. (download here) from the Connecticut Appellate… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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