Employment Litigation

Hiring

Under federal law an employer does not have to hire or promote the most qualified. However, the employer cannot base decisions on certain personal characteristics such as:

References

A previous employer is free to provide any non-confidential information about a previous employee as long as it is true and is not provided to maliciously harm the former employee. An employer who provides false information that disparages the employee may be liable for defamation.

At Will

In most states including Connecticut, employees not working under an employment contract are deemed to be at will. At-will employees can be terminated for any reason, so long as it is not illegal. There are multiple illegal reasons for termination. For employee under an employment contract can only be terminated for reasons set forth in the contract.

Connecticut law allows an at-will employee to sue for unlawful termination under two circumstances. One, when the discharge is against public policy. Two, when the employer the agreed whether by words, action or conduct, to not terminate the employee wihtout just cause.

Employment Handbooks

Connecticut law does not require the employer to have an employee handbook. However, many Connecticut employers have employee handbooks. An employee handbook provides a centralized, complete and certain record of the employer's policieis and procedures. An employee handbook also
provides more convenient access by employees and managers.

At a minimum, an employee handbook should include:

In Connecticut, language contained in an employee handbook can create an implied contract that may alter the status of an employee's relationship with his or her employer and create obligations for the employer that the employer may not have intended to create.

Workplace Safety

Workers' compensation laws are designed to compensate workers who have been injured or killed in work related accidents according to a fix monetary scheme. The Connecticut Workers' Compensation system covers almost all employees and is a no-fault system of insurance in which private insurers or self-insured employers pay benefits to an injured employee, even if the accident was caused by the employee's fault. An injured worker is not entitled to received compensation for physical pain and suffering, mental anguish and the like.

There exists a narrow but important exception to the exclusivity of workers' compensation. The exceptions involve instances where the employer has engaged in an intentional tort or serious misconduct.

Discrimination and Wrongful Termination

Employers are prohibited from terminating or discriminating against employees for the following reasons:

It is unlawful for an employer to consider any of the above characteristics with regard to:

It is also unlawful for an employer to terminate an employee:

Under Connecticut law, to file a lawsuit for discrimination or wrongful termination, the employee is first required to file the claim with the Connecticut Commission on Human Rights and Opportunities ("CHRO"). The claim must be filed within 180 days from the date of the discrimination or wrongful termination. The failure to file a timely claim with the CHRO bars the employee from filing the lawsuit in Court. Consequently, it is vital for the aggrieved employee to contact our attorneys immediately after
the discrimination or wrongful termination has occurred so that all legal rights are properly preserved.

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