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

Tag Archives: termination

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

Maybe That Lawsuit Brought By Your Employee Isn’t So Frivolous

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

In yesterday’s post, I talked about some of the reasons why an employee’s lawsuit against his or her employer was destined for failure. But employers, I’m afraid you’re not off the hook that easily. This post is for any employer that just got sued or threatened with suit. Maybe that lawsuit isn’t so frivolous after all…. Continue Reading

Firing Of Pot-Smoking State Employee Goes Up in Smoke by CT Supreme Court

Posted in Highlight, Human Resources (HR) Compliance, Litigation

You might think that smoking pot on the job as a state employee would be justifiable grounds to get you fired. A no-brainer, right? (Let’s save a discussion for eating brownies and swearing at your cat for another blog post.) After all, even the Connecticut Supreme Court is stating that the “statutory, regulatory and decisional… 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

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

When Reviewing a Reinstatement Decision by an Arbitrator, Consider Over a Dozen Factors

Posted in Highlight, Labor Law & NLRB, Litigation

If you like getting lost on roads with your head spinning on which way to go, this is your post.  (Everyone else, well, try to keep up.) I recap a case for companies with unions to pay attention to. Let’s start with this example: Employee X is required by law to report suspected abuse in her job. She fails… Continue Reading

“Just Give Me a Reason” Not Enough to Satisfy Just Cause Provision

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

I’m a big P!nk (yes, the exclamation point) fan. One of her most recent hits, is a song “Just Give Me A Reason”. Somehow, reading a new Appellate Court case that will be officially released tomorrow, this song title kept sticking in my brain. The case, Madigan v. Housing Authority of East Hartford (download here), revolves… Continue Reading

Use of Marijuana On Duty Still Justifies Termination, Says Court

Posted in Highlight

With all the talk about the state’s implementation of medical marijuana laws, it’s easy to wonder what impact those laws will have on terminating employees who use marijuana on the job. One recent Superior Court decision gave a pretty clear answer for state employees: None.  In other words, for employers: Fire Away. That, of course, simplifies… Continue Reading

Not Every Action By Employers Can Be the Basis of a Lawsuit

Posted in Discrimination & Harassment, Litigation

My colleague, Jarad Lucan, returns today with a primer on what it takes to establish a “prima facie” case of discrimination — the bare minimum to get the case to be considered by a court.  Today, we focus on the third element — the “adverse employment action”. What is that, you ask? Read on. If… Continue Reading

A Note from the U.S. Coach is a Great Idea, But Not a Good Excuse

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Social Media, Wage & Hour

First off, let me say that I’m really obsessed with enjoying this year’s World Cup. But Thursday presents some special problems for employers.  The United States Men’s Team has a very important game at 12 ET.  Right in the middle of the lunch hour (or two?).  Beat or tie Germany and the U.S. is through to… Continue Reading

“Yes, It’s Legal.” But Is It a Good Idea?

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

On Friday, there was a human resources post by Suzanne Lucas and Alison Green that was so creative and simple, I wish I had written it.  The concept: Compile a list of things that an employer can do without breaking the law. If you haven’t seen it from my Twitter feed, go read it now.  (Jon Hyman, of the… Continue Reading

Conn. Supreme Court: Public Policy Against Sexual Harassment Supports (Perhaps Mandates?) Termination of Alleged Harassers

Posted in Discrimination & Harassment, Litigation

It’s tough to draw lessons from appeals of arbitration decisions. Why? Because the standard to overturn arbitration cases is high and, it’s only when there are really bad facts (or, perhaps more likely, an really bad error in interpreting the law) that appellate courts consider reversing the decision. That appears to be the case in… Continue Reading

General Assembly Passes Major Revisions to Personnel Files Act Law

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, Manager & HR Pro’s Resource Center

On Saturday, the Connecticut General Assembly gave final approval of several revisions to the state’s Personnel Files Act law.  Governor Malloy is expected to approve of the measure. Senate Bill 910 can be viewed here.  The Office of Legislative Research’s analysis of the bill can be found here. Here are the key changes: Under the bill,… 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

What Remedy Is Appropriate When a Jury Concludes Sexual Harassment Occurred?

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

A case out of the Second Circuit Court of Appeals (of which, Connecticut is part of) addresses an interesting question: When a jury  finds that sexual harassment has been perpetuated by a single employee, is injunctive (non-monetary) relief required to be issued by the District Court? The EEOC argued yes and argued that remedies such as… 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

Court: Statement by Supervisor Regarding “Satisfactory” Progress on Performance Does Not Change At-Will Employment

Posted in Human Resources (HR) Compliance, Litigation

Earlier 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

Facebook Posts From An Employee’s Termination Meeting? Plan for It

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

On Friday, I had the opportunity, along with my law partner, David Atkins, to talk about some of the pitfalls for in-house counsel of social media for WESFACCA.  (My thanks to Lee Cushman, the Executive Director, for the invite.)  One of the items that caught some of the attendee’s attention was my warning that company… Continue Reading

New Book Published: Think Before You Click

Posted in Highlight, Manager & HR Pro’s Resource Center, Social Media

Despite authoring this blog, I must confess that I always thought it would be neat if I could author a book. I’m pleased to announce that I can check one thing off my bucket list, at least in part. I can now announce the publication (finally) of ” Think Before You Click: Strategies for Managing… Continue Reading

Conn. Supreme Court Rejects Hybrid Duty of Fair Representation Claim Without Exhaustion of Administrative Remedy

Posted in Litigation

The Connecticut Supreme Court, in a decision to be officially released next week, has ruled that a municipal employee’s hybrid duty of fair representation claim against his or her union and the employer , must be brought to the State Board of Labor Relations first, and not directly to Superior Court. The case, Piteau v…. Continue Reading

Wait. Charlie Sheen Has Essential Duties? A Legal Look at His Termination Letters

Posted in Human Resources (HR) Compliance

The media storm over the last two weeks regarding actor Charlie Sheen (and his Tiger Blood) reached a new frenzy this week as Warner Brothers Television finally issued its notice of termination of the actor.   Jon Hyman, over at the Ohio Employer’s Law Blog, had a great post earlier today about this and reviewed the… Continue Reading

From the Archives: Drafting Separation Agreements to Comply with OWBPA

Posted in Human Resources (HR) Compliance

As this blog has grown over the last few years, I’ve noticed that some readers have missed earlier articles on relevant topics.  Indeed, sometimes they ask why I haven’t written about it before when, in fact, I have.  Rather than write the same post again, I thought it would be useful, from time to time,… Continue Reading

Workplace Violence Prevention: Having Police or Security Available at a Termination Meeting

Posted in Human Resources (HR) Compliance

In light of the horrific workplace shootings in Connecticut earlier this month, I’ve heard people wonder about various steps an employer can take in anticipation of a termination meeting. One question raised is whether it is ever appropriate to have the police nearby or available during a termination meeting.  Or, alternatively, can you have security… Continue Reading