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What’s in a Separation Agreement?

With the economy where it is, the employment lawyers in the Westport, Connecticut office of Maya Murphy, P.C. are frequently asked to review and negotiate separation agreements for terminated employees.  These agreements often appear similar in form and content but must be carefully scrutinized, as they can contain hidden “trip wires” that can have a profound and long-lasting effect on the former employee’s job prospects.  Here are some of the things to look out for.

Non-Compete Enforceability: Must Protect Legitimate Interest & Not Be Punitive

Ranciato v. Nolan, 2002 Conn. Super. LEXIS 489

Sufficient Consideration for At-Will Employees

Home Funding Group, LLC v. Kochmann, 2007 U.S. Dist. LEXIS 41376

Court Finds 50-Mile Radius Prohibition Valid in a Connecticut Non-Compete Agreement

United Rentals, Inc. v. Frey, 2011 U.S. Dist. LEXIS 16375

Sexual Harassment in the Workplace

What may or may not constitute sexual harassment in the workplace can be a tricky subject.  The Connecticut Superior Court ruled on a specific provision of Connecticut’s sexual harassment law, specifically, the provision defining sexual harassment as “any conduct of a sexual nature” when “submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.”

I Was Injured at Work and Cannot Complete my Usual Job Requirements. Will I Need Legal Assistance in Connecticut?

I Was Injured at Work and Cannot Complete my Usual Job Requirements. Will I Need Legal Assistance in Connecticut?

Is it Illegal to Decline to Hire a Qualified Candidate Because of Age in Connecticut?

Is it Illegal to Decline to Hire a Qualified Candidate Because of Age in Connecticut?

Is it Illegal for an Employer to Bully an Employee in Connecticut?

Is it Illegal for an Employer to Bully an Employee in Connecticut?

Retaliation Claim Under Title VII Denied, Employer Had Legitimate Reasons for Pay Decrease

In a U.S. District Court case, a female employee’s claim of retaliation under Title VII of the Civil Rights Act was dismissed because the employer provided legitimate, nondiscriminatory justification for its adverse employment action.[1] The female employee brought action against her employer, alleging unlawful discrimination in violation of Title VII of the Civil Rights Act of 1964[2] and the equivalent state discrimination law[3]. Specifically, plaintiff alleges she suffered unlawful discrimination, based upon her sex, alleging she was subjected to a hostile work environment and suffered retaliation for complaining about the same.[4]

Use of Word “Bitch” Does Not Automatically Imply Gender-Based Hostility

A work environment is considered “hostile” if a reasonable person would have found it so and if the plaintiff subjectively so perceived it.  Outrageous conduct and egregious acts that are severe or pervasive automatically command an inference of gender-based hostility.  In the workplace of today, crude or degrading epithets, while hardly the rule, are certainly not the exception.  One such word—“bitch”—has seemingly found a place of its own in some people’s daily vocabulary.  The question arises as to whether constant use of that word in relation to a female employee is sex-based and reflects hostility toward women.  The short answer is it can, but doesn’t necessarily have to.

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