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: employment 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
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
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
An Employer Bill of Rights? Well, Not Exactly, But….
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsI was hoping that fellow blogger, Jon Hyman (of Ohio Employer’s Law Blog fame), and I would get to make another World Series bet. Unfortunately, his team (the Phillies) and mine (the Yankees) are both watching the World Series from some tropical poolside bar. But it gives me an excuse to cite to a recent… 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
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
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
Conversation About Length of Time Employee Expected to Manage Store Does Not Create Contract, Court Says
Posted in Human Resources (HR) Compliance, Litigation, Wage & HourSuppose you, as a hiring manager, have a discussion with one of your current employees about a job opening within the company at another location. In the course of that discussion, you indicate that you would expect that employee to work in that position for two years before moving on to other possible opportunities. After that conversation, you put… Continue Reading
When a Hurricane Does Hit Connecticut, What Are The Workplace Rules Regarding Storms?
Posted in Human Resources (HR) ComplianceAs Tropical Storm Fay continues to pound Florida this week, I was recently reminded that it’s been 23 years since Connecticut suffered a direct hit from a Hurricane — the infamous Hurricane Gloria. No worries then for Connecticut, right? Wrong. Connecticut has been hit by several tropical storms since then – just like Fay — and… Continue Reading
Wrongful Discharge Claim For Reporting Bar Manager Rejected by Jury
Posted in LitigationA recent article by the Connecticut Law Tribune reported on the trial of two bar workers who claimed that they were terminated in retaliation for reporting a supervisor’s alleged sexual harassment of a waitress. According to court records In the trial of Daniel Van Kruiningen and Kimberly Chatterton v. Plan B, LLC d/b/a Mohegan After… 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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