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

Tag Archives: termination

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

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

Reducing Risks in a Reduction in Force – Is There a Perfect Solution

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

Addressing the legal risks associated with a reduction in force (or "RIF") has long been a topic on this blog. In fact, looking in my crystal ball way back in January 2008, I suggested that it would the hot topic before years’ end.  Flash forward to the present, and the headlines continue to be dominated… Continue Reading

New EEOC Guidance Raises Questions About Post-Termination Duty to Accommodate in Connecticut

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

Nearly six months ago, a landmark ruling by the Connecticut Supreme Court held that Connecticut’s anti-discrimination laws required employers to provide a reasonable accommodation to disabled workers, much like the federal counterpart, the ADA. As I noted in an earlier post about the case, Curry v. Allen S. Goodman, Inc., the Court suggested that the employer had a… Continue Reading

Court: Arbitrator Was Correct When It Found State Had “Just Cause” for Terminating Employee Misusing Computer

Posted in Human Resources (HR) Compliance

Does the state have "just cause" to fire an employee who misuses his work computer by accessing shopping websites, and two websites where you can purchase hallucinogenic mushrooms? That is the question that was answered in the affirmative, albeit indirectly, by the Connecticut Supreme Court, in a decision to be officially released on August 5,… Continue Reading

Drafting Separation Agreements: How to “Take Off” with OWBPA and ADEA

Posted in Human Resources (HR) Compliance, Laws and Regulations

For employers, providing employees with a separation agreement may be one of the best ways for a company to minimize their risk of litigation from the termination of that employee.  But an agreement, it is often said, is only worth the paper it is written on, if it meets certain legal requirements.  Just like pilots… Continue Reading

Gross Misconduct and COBRA – When Can An Employer Try to Deny Coverage to Terminated Employee

Posted in Human Resources (HR) Compliance, Laws and Regulations

The Employee Benefits blog has a terrific post this week explaining the "Gross Misconduct" rule for COBRA Coverage. For those unfamiliar with the lingo, The Consolidated Omnibus Budget Reconciliation Act (COBRA) (among other aspects) describes rights that employees have to continue their health insurance after their employment as been terminated (and for some other reasons… Continue Reading

Curry v. Allan S. Goodman, Inc. – The Employee’s Perspective

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

I’ve returned from vacation today with hundreds of e-mails to dig through and about 3000 posts in various RSS feeds. But one e-mail I received relating to the Connecticut Supreme Court’s decision earlier this month in Curry v. Allan S. Goodman, bears some immediate discussion. The comments are from Attorney Richard Hayber, the attorney representing the employee… Continue Reading

Curry v. Allan S. Goodman Part V – Do Employers Now Need to Accommodate Mental Disorders and Learning Disabilities?

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

Reading the Connecticut Supreme Court case of Curry v. Allan S. Goodman, Inc. decided last week,  I’m struck by how many questions the decision seems to raise — and how many are left unanswered. I’ve discussed the case and some questions it raises before, most recently here.  The case appears to stand for the proposition that… Continue Reading

Firing Instigators in Employment Fights – Second Circuit Shows Some Support For Employers

Posted in Litigation

The sad reality is that, on rare occasion, some employees will revert back to their middle school days and behave like a couple of children. Some will even resort to physical fighting. In such a case, employers are faced with a difficult question — can I punish one employee more than other if I think they "started" it?… Continue Reading

Disciplining Employees for Fighting; Asking What Is Similar Conduct and What is Similarly Situated?

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

As cases go, Smith v. Connecticut (D. Conn., Jan. 9, 2008) (Bryant, J.) will not rank up there in the annals of legal history.  (Even the name of the case sounds generic.)  Moreover, when you read the facts, the case doesn’t scream "precedent".  The Smith case, however, reinforces the notion that consistently applied disciplinary policies are… Continue Reading