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

Tag Archives: claim

Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable

Posted in Discrimination & Harassment, Highlight, Litigation

A lot has been made of the recent district court decision on legal job protections for qualifying medical marijuana patients. But the decision has another piece that has been overlooked and which may cause employers some heartburn as well. The “Negligent Infliction of Emotional Distress” cause of action has been on life support for the last… Continue Reading

Punitive Damages Not Available For State Employment Discrimination Claims

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations, Litigation

In a decision that will be officially released next week, the Connecticut Supreme Court has, at last, ruled that punitive damages are not an available remedy for state law employment discrimination claims. You may recall that I discussed the Appellate Court’s decision that had originally found the same thing back in 2015.  The case, Tomick… Continue Reading

Retaliation Claims Still Remind Us: Scrutinize Your Employment Decisions

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

I know. We’re a bit of a broken record here. Another post on the perils on retaliation claims. (I’m resisting adding the “so sue me” joke here.) But new decisions from the courts keep coming out which give us an opportunity to do refreshers to employers and provide subtle tweaks to the associated wisdom surrounding… Continue Reading

Can Employers Win a Case Where a Single Use of the N-Word Is Alleged? Perhaps

Posted in Discrimination & Harassment, Highlight, Litigation

There are a few words in our language that still have the ability to shock and hurt others.  The N-word is one of them. (I’ll use it sparingly here but note that courts use the actual language in court opinions too; for courts, accuracy is important.) Frankly, it’s not a word that pops up in a lot of… Continue Reading

Wage Claim Is Not a Unfair Trade Practices Claim Too, Rules Court

Posted in Highlight, Litigation, Wage & Hour

Management-side lawyers like myself like to joke that a former employee can sometimes sue any employer for any reason at any time. It’s not true, of course, but at times it feels like there is no limit to the creativity of lawyers filing claims against employers. One such tactic was recently rejected by the federal… Continue Reading

Claiming Overtime Pay? Some Specifics Are Required Says Second Circuit

Posted in Class Actions, Litigation, Wage & Hour

As I continue this week to recap some important FLSA decisions this summer by the Second Circuit, the next one will be important in the long run for employers. Wage and hour claims have been a thorn in employers side for a while now.  (My friend, Molly DiBianca of the always fabulous, Delaware Employment Law… Continue Reading

Disparate Impact Claims May Have Extended Statute of Limitations Calculations, Rules U.S. Supreme Court

Posted in Discrimination & Harassment, Litigation

Back in February, I noted that not all U.S. Supreme Court cases are created equal and warned employers not to get too excited about a case that was then being argued in front of the U.S. Supreme Court — Lewis v. City of Chicago. Yesterday, the Court released its unanimous decision (download here) in that… Continue Reading

Did You Know? Connecticut Wage Claims Have 2-Year Time Limit

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

One occasional feature of this blog is a short post on a law or regulation that is commonly overlooked. Today’s installment revolves around wage and hour claims in Connecticut.  Suppose that an employee claims that he is entitled to unpaid overtime wages for years because he has been misclassified as an exempt worker.  How far… Continue Reading

Court: Employers Must Promptly Notify Insurer of EEOC Charges — or Risk Losing Coverage

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

In recent years, some employers have turned to EPLI (or employment practices liability insurance) to help control their costs. Some find it useful, others do not. But one important part of having the insurance is making sure it applies when you actually have a claim. A recent federal court case highlights the importance of notifying the insurer of the claims… Continue Reading