“Joe, in response to all this NFL stuff, we want you to display U.S. flags at your workstation.”


“Well, then you’re fired.”

Don’t think that can happen? Then you haven’t heard about the Cotto v. United Technologies Corp. case — a long-forgotten Connecticut Supreme Court case from 20 years ago that has particular

The running joke by employment lawyers is that even though Connecticut is an at-will employment state, employees can sue their employers at any time for any reason or no reason at all.  (I’ll wait while you laugh groan.)

Neither rain, nor sleet. Maybe snow…

The joke touches on the perception by employers that employees can seemingly file the most frivolous of complaints. And the perception that courts will not take any action to dismiss those claims.

A new case out of the federal district court in Connecticut shows how that perception can be wrong, however.

In Friedman v. USPS, a letter carrier (who suffered from lateral epicondylitis — tennis elbow) claimed that employer violated the ADA when in changed his status even though it did not affect his income, his seniority, his ability to secure further employment with USPS or cause him any actual or imminent economic injury.

When the employer filed for summary judgment, it did not bother to go through the normal burden-shifting analysis. Rather, it said that the employee lacked “standing” (or the right) to proceed with his claims at all.

Why?Continue Reading Court: No Injury by Employer = No Standing = No Case