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

Tag Archives: firing

In Firing Employees, A Bit of Humanity Still Helps

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Your employee that you are firing should not hear about his firing from a television report first. I suppose that would seem an obvious rule to follow. But apparently not. Let me back up. Earlier today, the President fired FBI Director James Comey — an act that really is more for politics blogs, than an employment… Continue Reading

What Does “At Will” Employment Really Mean?

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Years ago, I recall having a friendly conversation with another attorney in Connecticut where the topic turned to the notion of “At Will” employment. When we couldn’t settle on an answer, we moved on to talking about whether the Hartford Whalers would ever come back. I think we had a better answer for that question:… Continue Reading

How to Fire Your Employee Without Getting Sued

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued. Indeed, the title is a bit of a misnomer.  It’s often been paraphrased that anyone can sue anyone else for anything at… Continue Reading

Social Media in the 2010s: A Force Awakens

Posted in Data Privacy, Featured, Highlight, Social Media

Today, cross-posted on the LXBN site, I reflected on the biggest legal developments of the first half of the decade.  I am reposting it here, but my sincere thanks to Lexblog for the support it has given me over the past 8 1/2 years and for the opportunity to provide some insight on its site…. Continue Reading

You’re Fired! What Back to the Future Can Still Teach Us About the Workplace

Posted in Highlight, Human Resources (HR) Compliance

Confession: Back to the Future is my favorite movie (though ask me in two months and I’ll probably say it’s actually Star Wars — employment lawyer’s prerogative). So, how could I let “Back to the Future” day pass without an employment law-related post! For those (strange) people who don’t know what I’m talking about —… Continue Reading

When Parent Has Been Unlawfully Fired, Can Kids Sue Employer? Court Overrules Precedent

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

The Connecticut Law Tribune reported earlier this month on a new Connecticut Supreme Court case that, for the first time, allowed claims brought by kids to proceed based on injuries suffered by their parents. Plaintiffs’ lawyers have a new weapon in their arsenal. The state Supreme Court, in a split decision, has ruled that Connecticut… Continue Reading

Should You Fire Employees Who Use (or Misuse, However Defined) Social Media?

Posted in Highlight, Human Resources (HR) Compliance, Social Media

A few days ago, The New York Times, ran a series of short essays from people on its “Room for Debate” page. The question it posed? “Should employers get tough with strict policies about social media activity, so that employees face consequences at work for what they say online?” Not surprisingly, the opinion’s ranged from… Continue Reading

Analysts’ Financial Disclosures on Facebook Lead to Fine and Termination

Posted in Human Resources (HR) Compliance, Social Media

In my talks about technology, one of the things I try to emphasize is that there is no “one size fits all” to your social media and technology policy. As an example, I often talk about how financial industries have additional regulations relating to things like “insider” information, that may provide a reason to furthe… Continue Reading

NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social Media

I’ll admit something that might seem a little unusual and ironic:  I’ve grown a bit tired about writing about the NLRB and social media.  Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media.  Because people on social media… Continue Reading

Five Years Later, The Biggest Impact on Employment Law Is….

Posted in Social Media

This week, this blog celebrates it’s fifth anniversary (on Wednesday, more specifically). All this week, I’m going to look back on a post or reflect on this blog through the years. Today, I’ll address what the biggest impact has been on employment law over the last five years. (Hint: It’s not the Employee Free Choice… Continue Reading

NLRB Administrative Law Judge: Facebook Firings Illegal

Posted in Labor Law & NLRB, Social Media

For a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”.  I’ve done many recaps including here and here. Now, for the first time, an administrative law judge (in Hispanics United of Buffalo) has found that employees’ comments… Continue Reading

Another Day. Another Employee Fired Because of Facebook

Posted in Human Resources (HR) Compliance, Labor Law & NLRB

Haven’t we heard this before? A Bourne, Massachusetts firefighter was recently fired for — imagine this — his Facebook posts in which he  "allegedly railed against [a] police officer over some incident, angrily carried on about being forced to work on the Fourth of July holiday and  made a homosexual slur", according to press reports…. Continue Reading

Facebook Firing Case Settles; But Another Social Media Case at the NLRB May Be Rising

Posted in Human Resources (HR) Compliance, Social Media

The news came late Monday: The NLRB’s case against an employer for allegedly firing an employee due to a Facebook post had settled.  The background of that case can be found in one of my November 2010 posts.  The case name is: American Medical Response of Connecticut, Inc., 34-CA-12576. The terms of the settlement were not fully… Continue Reading

Drama Over DOT Head’s Departure; Stipulated Agreement Dictates Terms

Posted in Discrimination & Harassment

Over the last 24 hours, there’s been a lot of drama as details start getting released over the departure of the Connecticut DOT Commissioner last week.  Did he really resign? Was he pushed out? Late yesterday, Governor Rell released a new statement that suggested that she sought the resignation after allegations of inappropriate behavior were raised. … Continue Reading

As American as Apple Pie: “Hottest Wife” Teacher Sues School Board for Due Process Claim

Posted in Litigation

Let 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

Curry v. Allan S. Goodman Part IV – Does an Employer Have a Duty to Accommodate an Employee EVEN AFTER Firing?

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation

Like the television show, Lost, reading the Connecticut Supreme Court’s decision in Curry v. Allan S. Goodman, Inc. will leave readers with more questions than answers at the end of the day.  (For more background on the case, see this prior post.) Those unanswered and indeed, troubling questions arise from the suggestion by the Connecticut Supreme… Continue Reading

What I’m Reading About in Employment Law and HR Issues This Week

Posted in Discrimination & Harassment, Human Resources (HR) Compliance

A few posts this week caught my eye: First, the HR Carnival has a great post this week about various HR issues, including how to train managers better.  And, best yet, you’ll find a link back to this blog.  Thanks to the writers of the Carnival for the reference. Kris Dunn, over at HR Captialist,  has an interesting… 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., 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