Take a look at your employment-at-will language right now in your employee handbook or offer letter. (I’ll wait; if you can’t find it, you’ve got larger issues than the one I’m about to discuss). It probably says something like this: Your employment with the Company is on an “at-will” basis. This means that you have… Continue Reading
Tag Archives: at will
The Basics: Offer Letters of Employment in Connecticut
Posted in Human Resources (HR) Compliance, Wage & HourContinuing the summer series of "basics" of various employment laws (see prior installments here, here and here), this week the topic is offer letters. Specifically, at the time of hiring an employee, does Connecticut require any documentation be provided to employees? The answer is yes. Perhaps not in the form of an "offer letter" but… Continue Reading
Court Denies Summary Judgment to Employer Who Claimed Employee Improperly Used Employee Discount for Relatives
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationGoing to a trial with an employment discrimination case is expensive. Which is one reason why many employers will ask the court to dismiss a claim before trial using a process known as "summary judgment". But a recent federal court case illustrates the difficulty that employers still have in getting courts to grant summary judgment… Continue Reading
Court Examines The Parameters of the Public Policy Requiring Employers to Provide a Reasonably Safe Workplace
Posted in Human Resources (HR) Compliance, LitigationAn employee who contended that he was fired after complaining about a physically threatening co-worker cannot bring a wrongful discharge claim, in a decision released by the Connecticut District Court. The case, Ferrer v. T.L. Cannon Management Corp. (download here), does suggest, however, a way for employees to bring such claims in the future — with some artful language in the… Continue Reading
Legislative Update: February 5th Hearing Set on Bills Relating to FMLA Leave, Termination Notices, Paid Sick Leave and Workplace Bullying
Posted in Legislative DevelopmentsThe Connecticut Labor & Public Employees Committee is now scheduled to hold a hearing on various labor bills of relevance and importance to employers in Connecticut. Some are re-hashes of bills raised last year, but others, including amendments to the state’s FMLA laws are new. The hearing is scheduled for February 5, at 2 p.m…. Continue Reading
Corrective Action Memorandum Not a Contract, Says District Court
Posted in Litigation, Wage & HourUPDATED 2/10/09 Sometimes, by coincidence, two unrelated decision get released in close proximity to one another that they bring some greater clarity to the law. Yesterday, I discussed a Connecticut Superior Court case that found that certain discussions did not create an employment contract and that the employee was properly classified as "at-will". Earlier this… Continue Reading
“Probationary” Periods for New Employees May Put At-Will Employment At Risk
Posted in Human Resources (HR) Compliance, LitigationConnecticut is an at-will employment state, meaning that employers can terminate an employee’s employment for any reason at any time, with or without cause. Employees are also free to leave their jobs at any times. There are exceptions, of course, to that general rule. But overall, when an employer’s offer letter to an employee confirms… Continue Reading
Updating Employee Handbooks — Even Road Signs Need to be Replaced
Posted in Human Resources (HR) ComplianceNext time you’re driving on the highway, take a look at the road signs. Not for what they say, but how they say it. Are they new or worn? Easy to read or difficult to see? Straightforward or confusing? If you drive down I-95 around Fairfield and Westport, you’ll notice something different lately. The signs… Continue Reading
Appellate Court Affirms Finding of At-Will Employment
Posted in LitigationThe Connecticut Appellate Court today unofficially released a Per Curium decision that affirms the general principle that a contract for an indefinite term is a contract for at-will employment, even in the apparent absence of express terms. In Ward v. Distinctive Directories, Inc., (officially released on October 23, 2007), the Court was asked to review… Continue Reading
Court Oks “Firing” a Not Yet Hired “Employee”
Posted in Litigation"You’re hired. No wait, you’re fired." That’s essentially what happened in the case of Petitte v. DSL.net, a decision recently handed down by the Connecticut Appellate Court. The Appeals Court rejected Mr. Petitte’s claims that the company should be estopped from firing him. The background is fairly straight-forward: Mr. Petitte applied for a position as… 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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