Back in February, I noted that a motion to dismiss in federal court – while still difficult to achieve — still had a pulse. That’s important for employers because it provides a mechanism for getting rid of frivolous claims early on with lower costs than federal lawsuits typically cost. A new district court case gives… Continue Reading
Tag Archives: complaint
Oral Complaints under FLSA are Shielded from Retaliation, Supreme Court Rules; Impact in Connecticut?
Posted in Discrimination & Harassment, LitigationFor anyone who has been following the U.S. Supreme Court’s recent decisions interpreting wage & hour, discrimination and retaliation claims, yesterday’s decision in Kasten v. Saint-Gobain Performance Plastics (download here), can hardly come as a surprise. Indeed, in a 6-2 decision, the Supreme Court concluded that to "file" a complaint, an employee need only provide an… Continue Reading
Guest Post: Statutes of Limitations in Discrimination Cases — When Is It Too Late for an Employee To Sue?
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, LitigationMy thanks to my colleague, Mick Lavelle, who has drafted the following post on a noteworthy issue decided today by the Connecticut Appellate Court. For employers with long-standing discrimination claims, it’s worth understanding what the statute of limitations are on such claims. Most employers know that claims of employment discrimination can be brought under two… Continue Reading
The Basics: What It Takes To File a Employment Discrimination Lawsuit
Posted in Discrimination & Harassment, LitigationNewspapers this week seem enraptured with the idea that an employment discrimination lawsuit is news. It shouldn’t be. Why? Because all that a discrimination lawsuit is — by its fundamental nature — is a set of allegations against an employer. Nothing more, nothing less. That doesn’t mean, of course, that each lawsuit that is brought… Continue Reading
What Ever Happened To…The Lawsuit by the Hartford Courant’s Consumer “Watchdog”
Posted in LitigationTime once again to bring back an occasional feature that takes a look at stories that have now fallen from the local newspapers’ headlines. After all, have you ever noticed that it is somehow "big news" that a lawsuit is filed but you rarely hear about a lawsuit’s dismissal? This installment updates the lawsuit that… Continue Reading
Workplace Investigations: Don’t Forget to Communicate with the Complainant
Posted in Human Resources (HR) ComplianceA few weeks ago, I had an issue with my flight home on Southwest Airlines back to Hartford. The details of what happened aren’t really important (though they make for a great cocktail hour discussion). Suffice to say that my flight was delayed and I didn’t arrive home until much later than I had originally… Continue Reading
Fox 61 Reporter Discrimination Case: FAQ, Analysis and What’s Next – Part I
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationThe filing of a discrimination complaint at the Connecticut Commission on Human Rights and Opportunities has certainly garnered a wide variety of responses from the local and national media. Indeed, yesterday, I was one of several invited guests to appear on WNPR’s "Where We Live". (You can download the podcast here.) But what’s been lacking… Continue Reading
Followup: Fox61 Responds to Discrimination Complaint Brought by Reporter
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationLate today, Fox61 (also known as WTIC-TV) released the following statement in response to the publicity surrounding the complaint brought by Shelly Sindland (which I covered last night): Although WTIC-TV typically does not comment on personnel matters, in this case, because of the personal nature of Ms. Sindland’s attacks on the station and her colleagues,… Continue Reading
EEOC Reports Record Number of Discrimination Claims for 2008; Up 15 Percent from 2007
Posted in CHRO & EEOCRecord numbers of discrimination complaints were filed with the Equal Employment Opportunity Commission, according to a MSNBC column: Discrimination claims filed with the Equal Employment Opportunity Commission jumped 15 percent in fiscal 2008 to 95,402 — the highest level since the agency opened in 1965, said spokesman David Grinberg. That is up from 82,792 claims filed… Continue Reading
Foxwoods/UAW – The Predictable Story Continues with Response by Tribe
Posted in Labor Law & NRLB, LitigationWhile a generic post today about sick leave might be more appropriate today given my absence for a few days, there are some actual updates in the labor and employment law arena that need telling. One such story is the ongoing saga in between the UAW and the Mashantucket Pequot Trial Nation, which runs the Foxwoods… Continue Reading
As American as Apple Pie: “Hottest Wife” Teacher Sues School Board for Due Process Claim
Posted in LitigationLet me preface this post by acknowledging the obvious: This upcoming story is a bit like watching a car wreck. You know you shouldn’t look and it really doesn’t have anything to do with you, and yet you can’t help but stare. The story of a new lawsuit probably doesn’t merit a post, but some lawsuits are just too… Continue Reading
Problems at the CHRO – A Historical Perspective
Posted in CHRO & EEOCA few weeks ago, I posted about various issues that I believed the CHRO had and how they were being addressed (including a working group established by Governor Rell). I’ve also posted on some lawsuits involving CHRO employees and claims of discrimination within the agency, But the issues regarding the CHRO have been around for… Continue Reading
“Supreme Court To Decide Age Discrimination Case!” – Is This Important to Employers in Connecticut?
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationLast week, lots of virtual ink was spilled on the U.S. Supreme Court’s arguments in Federal Express v. Holowecki which has been labeled as a noteworthy age discrimination claim, following in the shoes of the Supreme Court’s ruling in Ledbetter in the spring. Several blogs have good summaries of what happened, including: LawMemo, Ohio Employer’s… Continue Reading
Avoiding Retaliation Claims – How Much Time to Wait After a Claim is Filed to Take Action
Posted in Discrimination & Harassment, LitigationDo you like tricks or treats? Depending on your perspective, you’ll either find something to like or dislike about a decision just issued by the District Court of Connecticut. Judge Vanessa Bryant — who has been busy issuing decisions and posting them online seemingly every few days — granted a summary judgment motion by an… 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 +
Follow Me on Twitter
Join the Discussion on Facebook
Subscribe to this blog via RSS
View My Linkedin Profile