I’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951)

Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival

If you’re an employer with an appeal to the Second Circuit, having the EEOC write a brief on behalf of the Plaintiff-employee is not one of those things that portends well for the case.

So, when the Second Circuit issued its decision in Pucino v. Verizon Communications (download here), perhaps the writing was already on

Today, I had the opportunity to argue in front of the Second Circuit Court of Appeals in downtown Manhattan. (Hence the reason for the sparseness of posts lately).  

Although I have been there before, it continues to rank among the most professionally rewarding experiences in my career. Every attorney who dreams of an

Let the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision is more important for a different reason than highlighted in the press: The Court has weakened one of the arguments that employers use to support their

 A decision last week by the Second Circuit might seem fairly trivial. After all, the Court stamped a "summary order" in the case of Cunningham v. NY State Dept. of Labor (download here)  on June 10, 2009 thereby making sure the case doesn’t have precedential effect.

But employers shouldn’t ignore this decision; it illustrates the

Suppose an employee files a complaint against your company and it’s quickly dealt with.  Now suppose, ten months later, that you, the employer, fire that employee  — ostensibly for financial reasons.  Is the timing between the original complaint and the termination enough to support a claim for retaliation?Courtesy Library of Congress, Flickr "office"

Previous federal court cases in Connecticut have

Whenever someone gets into trouble, we’ve all heard one phrase at some point or another, particularly as a parent or child: "But So-and-so Is Doing the Same Thing!" 

That is, at its essence, an argument that is sometimes made in discrimination cases.The legal name for it is "similarly situated" but the concept it entails is