Last week, I talked about how smart arbitration drafting allowed the company to recover its attorneys fees in successfully defending a claim by a former CEO. But there’s another lesson from Golden v. WorldQuant that company should know: how four simple words in a termination letter can save employers from a legal trap.
I pose a simple question — When should you fire an employee?
Your answers, at first, may be simple: When they steal. When they lie. When they physically fight with another employee.
Then, you might start to add a few more: When they are absent from work. When they don’t do their job. Or don’t
I’ve talked previously about how there are two sets of laws in Connecticut regarding claims arising from termination. There is the law arising from statutes – like the one I discussed this week– and then there is the common law that recognizes a “wrongful discharge”.
“Wrongful Discharge” claims were recognized by our state Supreme
Several years ago, I saw Bruce Springsteen in concert. (Remember those?)
It was over three hours long and by the time we were done, I remember turning to my friend and saying, “Now THAT was a concert.”
Then, a few years back, we were in New York for the weekend (remember weekends away?) and Bette
At our Shipman & Goodwin Labor & Employment Law seminar last week, one of the hot topics that got attendees talking was about minimum wage & overtime rules — both of which are in the midst of change.
But my fellow partners brought up another law in that discussion that shouldn’t be overlooked. And
You’ve agonized over firing an employee. You hired her over a year ago and it just isn’t working out. The employee is kind, conscientious and punctual, but just doesn’t have the skills needed for the particular position.
But you’ve made up your mind. You’re firing her at a meeting this afternoon.
In that meeting, the
Employment law lawyers are asked to review a lot of employment decisions.
If we’re lucky, we’re brought in early in the process when the decision isn’t yet final and where our input can be useful.
Other times though, we’re asked to opine on decisions after the fact.
And truth is, it’s really pretty easy to
The supervisor did it.
Yep, you’ve concluded that he sent unwanted texts to his subordinate telling her she looked “beautiful.” Maybe even stopped by her hotel room unannounced one night at a conference for a “nightcap”.
While the subordinate’s career does not appear to have been harmed in the legal sense (i.e. there’s no “tangible
The Dialogue – an occasional discussion between myself and a prominent employee-side attorney, Nina Pirrotti returns today after a late summer hiatus. Today’s chat focuses on employee separations and severance agreements. Share your own tips or observations in the comments below. As always, my thanks to Nina for sharing her insights here.
Dan: Hi Nina!
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