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Bullying in the Workplace — The Next Litigation Frontier?

The Connecticut General Assembly enacted legislation to address student bullying in the school setting.  Now some states have turned their attention to bullying in the workplace.  The new statutes, if enacted, would create a new cause of action for employment discrimination—bullying.

Only Connecticut Employees Count Toward CFMLA Threshold

The Connecticut Family and Medical Leave Act (CFMLA) requires employers who employ 75 or more employees to provide eligible employees with 16 weeks of leave during any 24-month period for a variety of reasons, most concerning a serious health condition of a family member.  The Connecticut Supreme Court has recently held that Connecticut employers are not subject to the CFMLA unless they employ at least 75 employees within the state.  In this day and age of “virtual workplaces,” the decision of the Court offers certainty to employers but may deprive employees working remotely of CFMLA coverage.

Industry Specific Factors Can Render Unenforceable a Covenant Not to Compete

A non-compete covenant may be unenforceable even if it is reasonable in terms of geographic designation and time limitation.  In Creative Dimensions, Inc. v. Laberge, 2012 Conn. Super. LEXIS 1464 (Conn. Super. May 31, 2012), two individuals sold their business and became “at will” employees of the purchaser.  At issue was a nationwide agreement not to compete for a period of 18 months following termination of their employment.  The court found the covenant reasonable in time and space but unenforceable nevertheless because of certain other factors, including attributes of the underlying industry.

Enforcement of a Non-Compete Agreement in the Salon Industry

Piscitelli v. Pepe, 2004 Conn. Super. LEXIS 3264

When an Employee Refuses to Sign a Restrictive Covenant

When an Employee Refuses to Sign a Restrictive Covenant

Three-Year Restriction Found Unreasonable in CPA Non-Compete Agreement

Haims, Buzzeo & Co. v. Wikstrom, 2003 Conn. Super. LEXIS 2539

Employer Not Liable for Doing “Stupid” or Even “Wicked” Things

Employment discrimination laws protect employees from discrimination.  They do not protect against “ordinary workplace experiences” that offend one’s sensibilities or result in hurt feelings.  A Connecticut woman found that out the hard way when a Court of Appeals affirmed the trial court’s grant of summary judgment against her.  There was no dispute as to any material fact and the employer was entitled to judgment as a matter of law.  Thus, there was no need for a trial on the merits. The employee in question was fired from her “at will” position as Public Relations Coordinator for a large corporation because of her volatile workplace behavior spanning three years.  She claimed that she was fired because of her age, and that she had suffered intentional infliction of emotional distress as a result.

Five Things You Need to Know About Connecticut Separation Agreements

As a result of the state of the economy, in general, and in Fairfield County, in particular, we in the Westport, Connecticut office of Maya Murphy, P.C. have seen a spate of Separation Agreements brought to us by recently terminated employees.  Our experienced employment-law attorneys review and critique these Agreements, and often advocate on behalf of our clients to enhance a separation package. Here are five things you need to know about Separation Agreements:

Four-Prong Test Applied to Enforce Non-Compete Provision in a Franchise Agreement

Money Mailer Franchise Corporation v. Wheeler, 2008 Conn. Super. LEXIS 2260

Enforcing a Non-Compete Agreement in a Medical Partnership

Fairfield County Bariatrics and Surgical Associates, P.C. v. Ehrlich, 2010 Conn. Super. LEXIS 568

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