Employment Law

Noffsinger v. SSC Niantic Operating Company, LLC

Ms. Noffsinger, a Connecticut native, received a job offer from SSC Niantic Operating Company (“SSC”) that was later rescinded when she failed a routine pre-employment drug screening. SSC rescinded the offer despite knowing that Ms. Noffsinger had a medical marijuana certificate because she suffered from PTSD. Noffsinger sued in Connecticut federal court, arguing the employer violated the prohibition in the Palliative Use of Marijuana Act (“PUMA”) against firing or refusing to hire someone who uses [...]

By |2019-02-14T19:13:45+00:00September 15th, 2017|Employment Law|0 Comments

Fluctuating Workweek

Employees who work more than 40 hours are often paid at the rate of 1.5x their normal hourly rate for overtime. Instead of using the “time and a half” method, General Nutrition Centers (“GNC”) used the fluctuating workweek (“FWW”) method which was developed under the federal Fair Labor Standards Act. It permits an employer to calculate an employee’s overtime pay by dividing the employee's total weekly pay by the number hours she actually worked during [...]

By |2019-02-15T00:43:05+00:00September 10th, 2017|Employment Law|0 Comments

The 5 Elements of a Strong Severance Agreement

Your company has been laying off a lot of people in your department lately, but you’ve been hoping that due to seniority and a stellar record, it might keep you on. Today, however, is your turn. After quietly advising you that your employment has been terminated, your boss says that the company is offering you a severance package if you sign an agreement that includes, among other things, a release of legal claims (that you [...]

By |2019-02-15T00:43:44+00:00August 15th, 2017|Employment Law|0 Comments

A Short Summary of the Connecticut Unemployment Appeal Process

A predetermination fact-finding telephone interview is scheduled shortly after the claim is filed. The parties have 21 calendar days from the date of the Administrator’s decision to file an appeal with the Appeals Division. The appeal can be filed in person at any American Job Center or Appeals Division office, by fax, internet or U.S. mail. The Appeals Division will assign a Referee and schedule a hearing for a future date.  The hearings are typically [...]

By |2019-02-15T00:44:08+00:00August 5th, 2017|Employment Law|0 Comments

What is Workplace Retaliation and What are Your Rights in Connecticut?

This hypothetical scenario happens more often than you might think. Steve works in the human resources department for a large logistics company in New Haven. His boss hands him a pile of resumes and tells him to weed out those from young women, saying that the company doesn’t want to invest in someone who might soon go on maternity leave. When Steve complains about the company’s illegal practice of hiring based on an applicant’s age [...]

By |2019-02-15T00:44:25+00:00July 20th, 2017|Employment Law|0 Comments

4 Things to Consider Before Signing a Severance Agreement

When you’ve just lost your job, signing that severance agreement on the desk in front of you is highly tempting. It likely offers a month’s salary (maybe even two or three) and an offer to pay your medical insurance until the end of the year. Before you sign, though, you need to consider what you’re giving away in exchange for the money and health coverage. Here are four primary things you need to watch out [...]

By |2019-02-15T00:44:40+00:00June 15th, 2017|Employment Law|0 Comments

A Brief Introduction to Protected Employment Classes

In an ideal world, everyone is judged on the basis of their character, and success is determined by genuine ability. Unfortunately, some people remain prejudiced against others who are of a different sex, race, religion, sexual orientation, or similar trait, and that attitude can manifest itself in the form of employment discrimination. What is Employment Discrimination? Federal anti-discrimination laws describe a protected class as a group of people with a common characteristic, such as race [...]

By |2019-02-15T00:44:51+00:00May 20th, 2017|Employment Law|0 Comments

Employment Law: I Need a Remedy – Punitive Damages and Attorney’s Fees (Part 4)

Punitive damages and reasonable attorney’s fees are available in most types of employment cases.  Punitive damages punish the defendant-employer. To recover these damages, you must prove that your employer acted “with malice or with reckless indifference.” In other words, the employer intentionally discriminated or retaliated against you. In 2008, a former FedEx employee received a punitive damages award of $100,000 because the employer denied his requests for an accommodation under the Americans with Disabilities Act. [...]

By |2017-01-02T02:51:11+00:00January 2nd, 2017|Attorney's Fees, Damages, Employment Law, Punitive Damages, Remedies|Comments Off on Employment Law: I Need a Remedy – Punitive Damages and Attorney’s Fees (Part 4)

Employment Law: I Need a Remedy – Back Pay (Part 1)

So you were terminated or denied a promotion and you have good reason to believe it was due to discrimination. I get a lot of these calls. Your next move should be to create a comprehensive list of all the evidence that supports your case. It should include witness names, photographs, emails, and documents. In the song "Remedy," the Black Crowes asked, "Can I have some remedy?" In the employment discrimination context, what’s your legal remedy? Believe [...]

By |2019-02-15T00:46:40+00:00April 9th, 2016|Back Pay, Damages, Employment Law, Personal Injury, Remedies, Worker's Compensation|Comments Off on Employment Law: I Need a Remedy – Back Pay (Part 1)

Employment Law: I Need a Remedy – Emotional Distress (Part 3)

  Emotional distress is a type of damage that is intended to compensate you for the harm you suffered as a result of your employer’s action or inaction. Direct medical evidence is not necessary; however, you must support your claim with “competent evidence of genuine injury.” This can be done through your testimony as long as you offer specific facts as to the nature of the emotional distress and the causal connection to the employer’s [...]

By |2019-02-15T00:46:46+00:00April 9th, 2016|Damages, Emotional Distress, Employment Law, Remedies, Worker's Compensation|Comments Off on Employment Law: I Need a Remedy – Emotional Distress (Part 3)
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