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A Quick Guide to Separation Agreements and Severance Packages

A Quick Guide to Separation Agreements and Severance Packages

Proxy/Alter Ego Liability for Sexual Harassment

Proxy/Alter Ego Liability for Sexual Harassment

Investigatory Meeting Even With Possible Consequences Not an Adverse Employment Action

Employees sometimes find themselves summoned to an internal investigation and informed that they could be terminated depending upon the results of the investigation.  As long as the employer is merely (and reasonably) enforcing its preexisting disciplinary policies, such circumstances (however unsettling) do not support even a prima facie case of employment discrimination.

Court Amends Time Restriction for Engineering Firm Non-Compete Agreement

Maintenance Technologies International, LLC v. Vega, 2006 Conn. Super. LEXIS 136

Breach and Irreparable Harm Required for Enforcement of Non-Compete Agreement

Opticare, P.C. v. Zimmerman, 2008 Conn. Super. LEXIS 759

To Be Qualified for a Position, an Employee Must Also Be Eligible

Most employees are familiar with the proposition that for them to prevail in a discrimination case they must prove several things, including that they were “qualified” for the position sought (and denied).  Most people equate being “qualified” with “possessing the qualifications to perform the job” and this is correct.  But there is more.  In addition to being technically competent, the employee must also be eligible to apply for the position.

Employee Handbook Alert: Seemingly Neutral Work Rule May Violate NLRA

The National Labor Relations Act (“NLRA”) gives private-sector employees the unqualified right to engage in “protected concerted activity” which includes discussing among themselves such things as wages, hours and other terms and conditions of employment.  An employer cannot promulgate a work rule that tends reasonably to chill employees’ exercise of that statutory right. Karl Knauz Motors, Inc. owned and operated a BMW dealership.  Its employee handbook contained the following (apparently common sense) rule: (b) Courtesy: Courtesy is the responsibility of every employee.  Everyone is expected to be courteous, polite, and friendly to our customers, vendors and suppliers, as well as to their fellow employees.  No one should be disrespectful or use profanity or any other language which injures the image or reputation of the Dealership.

Court Denies Enforcement Due to Inconsistencies & Absence of Valid Contract

Luongo Construction & Development, LLC v. Keim, 2008 Conn. Super. LEXIS 1182

Preemptive Effect of LMRA Extends to Suits Alleging Liability in Tort

Preemptive Effect of LMRA Extends to Suits Alleging Liability in Tort

Court Invalidates Non-Compete Agreement for Excessive Restraint of Trade

CT Cellar Doors, LLC v. Palamar, 2010 Conn. Super. LEXIS 3247

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