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

Tag Archives: privilege

Employers Checking Employee E-mail: The Split Continues

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

Last year, employers were taken aback when a New Jersey court ruled that an employee did have some expectation of privacy of e-mails she sent to her attorney using work computers.  The case, Stengart v. Loving Care Agency became one of the most talked about cases of the year.  Last week, a California court came… Continue Reading

Privileged Gender Disparity Memo to Wal-Mart’s Attorneys Leaked to NY Times; What About the Self-Critical Analysis Privilege?

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Today, The New York Times reported on a privileged memo sent to Wal-Mart from its outside lawfirm back in 1995 that "found widespread gender disparities in pay and promotion at Wal-Mart and Sam’s Club stores and urged the company to take basic steps — like posting every job opening and creating specific goals to promote… Continue Reading

Keeping The Privilege Under Lock & Key: Why Employers Should Understand the Changes to the Privilege Rules

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Laws and Regulations

In the midst of the financial crisis, another bill signed by President Bush has been, for the most part, overlooked, but warrants understanding by in-house counsel for employers and HR professionals that may assist with case management. Specifically, S. 2450 and new Federal Rule of Evidence 502 give protections to employers (and others) against waiver of… Continue Reading

Court: Pursuing Emotional Distress Claim in Harassment Case Opens Door to Discovery of Therapist and Medical Records

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

For companies involved in employment discrimination litigation, there is always a question of how far to push on discovery issues.  A new case decided this week in U.S. District Court in Connecticut allows employers to push pretty hard to get an employee’s medical and therapist records. In order for that to happen, the employee needs to put… Continue Reading