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

Tag Archives: protected activity

Are the NLRB’s Complaints About So-Called Facebook Firings News Anymore?

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

Various labor & employment blogs over the last week have been nearly hyperventilating over another complaint by a regional NLRB office challenging an employer’s practices as it relates to employee use of Facebook. For anyone who has been tracking the NLRB’s actions, these filings really should come as no surprise anymore. The agency has consistently… Continue Reading

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

By Daniel Schwartz on 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

Quick Hits: Wage & Hour Litigation; Protected Concerted Activity; Set-Off in Mass.; Prevailing Wage; I-9s

By Daniel Schwartz on Posted in Wage & Hour

With all the snow piling up, there’s been a lot I’ve been meaning to get to but haven’t. So, it’s time to bring back the "Quick Hits" feature where I recap some of the employment law tidbits you might have missed recently. The Wage & Hour Litigation blog (a new employment law blog, so welcome),… Continue Reading

NLRB Alleges that Connecticut Company Illegally Fired Employee Over Comments on Facebook

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Social Media

UPDATED 2/7/11 – The case settled today. See this update.   In an unprecedented case, the NLRB is pushing all in over the battle on social media. And its press release today leaves little doubt where it is placing its chips — strongly in the employee’s favor. I had heard about this case a few weeks… Continue Reading

Court: Employee’s Firing After Expressing Reluctance to Participate as a Witness in CHRO Hearing May Be Retaliation

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

For retaliation cases, an employee’s active participation in another person’s discrimination case has been viewed, in the past, as the threshold to be a "protected activity" under Title VII’s retaliation clause.  That has been watered down in the Second Circuit in recent years.  A new District Court decision today has concluded that simply expressing a… Continue Reading

Avoiding Retaliation Claims – How Much Time to Wait After a Claim is Filed to Take Action

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Do 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