Back in February 2009, I talked at length about whether compensatory damages (for things such as emotional distress) was properly awarded in employment discrimination claims that proceeded to a hearing at the CHRO. I went on to say back then that I believed the agency and the human rights referees at the agency had been
Court: Failure to Follow Training Program Does Not Give Rise to Breach of Contract Claim
In a decision to be officially released tomorrow, the Connecticut Appellate Court has affirmed a dismissal of a breach of contract claim that alleged that the company failed to follow procedures that were outlined in a management training seminar.
The case, Brule v. Nerac (download here), is important because it sets some limits to
Appellate Court: Trial Court Was Wrong To Deny Summary Judgment Without Oral Argument on Res Judicata Issue
There is an unspoken truth about the Superior Courts in Connecticut: Summary judgment for employers in employment-related claims is typically a long shot. Of course, there are exceptions to the rule.
A case to be released by the Connecticut Appellate Court next week shows the difficulty but also shows that at least with regard to
“If You Don’t Quit (and Sign a Release), You’re Fired”: Court Upholds Agreement; Says It Is Not “Undue Influence”
From time to time, employers are faced with a quandary: When an employee has not been following the rules, do I fire the employee straight up? Or do I give the employee an opportunity to resign first, and potentially sign a settlement agreement?
Why might an employer do that? Well, it allows the employee to save face
Appellate Court Decision Provides Another Lesson About Preserving Data
As I’ve noted before, the appellate courts in Connecticut release their decisions in advance of an "official" publication date for various reasons. I’ve now read over the Appellate Court’s upcoming decision in Paylan v. St. Mary’s Hospital Corp. a few times trying to discern the big lesson for employers to take from this employment
The “Brown Paper Bag” of Appellate Court Decisions: Court Affirms Sexual Harassment Verdict
I’m sometimes asked how I report on employment law cases in such a prompt manner. There’s no magic formula but I will let you in on a little shortcut I use to skim a series of new cases.
Instead of reading an entire case, my eyes first glance at the listed attorneys in the case.
Say What? Employee Claims Court Does Not Have Jurisdiction to Hear Retaliation Claim He Brought In First Place
Just when you think you’ve seen it all, another case comes around to prove that theory incorrect.
The latest example is Ayantola v. Board of Trustees of Technical Colleges (download here), a Connecticut Appellate Court decision officially released today. In the case, an employee who claimed he was not promoted in retaliation for earlier
Are Connecticut Courts Still Instructing Juries Using a McDonnell-Douglas Analysis? The Unanswered Question
Appellate Court decisions can be frustrating. Every once in a while, instead of deciding the merits of the matter, the court will reject an appeal because a part
y did not "preserve" the issue at the lower courts through a proper protest.
That’s what happened in Mokonnen v. Pro Park, Inc. (download here) from the