As I take a few days off, here’s a post from WAY back in 2009 about offer letters that you may have missed. With employers doing more hiring in 2013, it takes on added relevance. In my series of the “basics” of various employment laws (see prior installments here,here and here), this week the topic is offer… Continue Reading
Tag Archives: at will
They’re Alive! At-Will Disclaimers Are Alive! (Sort Of. Maybe.)
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLBRemember earlier this year when the NLRB was hinting that certain at-will disclaimers (you know, the type of language in offer letters that says that the employee is at-will and can be fired for any reason or no reason at all) might be illegal under a new reading of applicable labor law? The issue for… Continue Reading
Five Things To Know About Paid Sick Leave, NLRB and Other New Developments
Posted in Highlight, Laws and Regulations, Legislative Developments, Social Media, Wage & HourAt yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to attendees about the latest developments under both Connecticut and federal law. But for those who couldn’t make it, here are five notable things they discussed: 1)… Continue Reading
Court: Statement by Supervisor Regarding “Satisfactory” Progress on Performance Does Not Change At-Will Employment
Posted in Human Resources (HR) Compliance, LitigationEarlier this week, I highlighted one holding from a new case from the Connecticut Appellate Court that will be released next week. Another portion of the case dealt with interaction between the employee and the supervisor. In the case, the plaintiff alleged that she had been told by her supervisor that, after she had been… Continue Reading
Guest Post: NLRB Acting General Counsel Addresses At-Will Disclaimers and More at CBA Annual Meeting
Posted in Class Actions, Highlight, Labor Law & NRLB, Social MediaOn Monday, the Connecticut Bar Association held its annual meeting. Lots of labor and employment law topics were covered, some of which I missed. I’ve asked one of my bar colleagues, Rita Trivedi — who will be a Teaching Program Fellow at Columbia Law School in the fall — to share her insights on the… 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 CenterSuppose 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
“For Any Reason or For No Reason” – The Language of an At-Will Employment Relationship
Posted in Human Resources (HR) ComplianceTake 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
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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