Employment Law

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 Noffsinger, a Connecticut native, received a job offer from SSC Niantic Operating Company (“SSC”) that was later rescinded when she failed a routine pre-employment drug screening. SSC rescinded the offer despite knowing that Ms.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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]