Employment Law Articles

Employer Rights When Employees Breach Their Duty of Loyalty

pdf buttonClick here to download a pdf copy of this article

The duty of loyalty is a common law concept whereby employees owe their employer a certain degree of allegiance by not competing against them while employed, or obtaining monetary gains that are rightfully those of the employer.  The Connecticut Supreme Court recently reviewed the obligations employees owe their employer, and the damages available should employees breach their duty.  Wall Systems v. Pompa, 324 Conn. 718 (2017).

Recent Changes in Connecticut Law Impact Employee Handbooks and Forms

pdf buttonClick here to download a pdf copy of this article                

Outdated employee handbooks can create legal liabilities and provide incorrect information to supervisors who depend on them when making important decisions.  Over the past year, legislative measures have changed employer obligations in significant ways.  Your handbook and other relevant forms, such as employment applications, I-9s, and leave forms, should be modified to reflect these changes.

Fire the Parent; Get Sued by the Kids

pdf buttonClick here to download a pdf copy of this article

            The Connecticut Supreme Court recently ruled that under certain circumstances children can bring claims against negligent parties, including employers, whose actions deprive the children of parental consortium.  Campos v Coleman.  In doing so, the Court overruled a case it decided differently in 1998, Mendillo V. Board of Education.

Navigating Connecticut's Drug Testing Laws

pdf buttonClick here to download a pdf copy of this article

            Most employers are familiar with Connecticut’s drug testing statute that regulates urine-based sampling and analysis. In a nutshell, under the law, an employer who has reasonable suspicion that an employee is under the influence may send the employee for a urine based test.  Before taking any adverse action, including termination, the initial test must be confirmed by a more sensitive second test.  Conn. Gen. Stat. §§ 31-51x and 31-51u.  Similar testing protocols apply to prospective employees, however, reasonable suspicion is not needed to test job candidates.  31-51v.

Connecticut Employees Gain Broader Free Speech Rights

pdf buttonClick here to download a pdf copy of this article

The Connecticut Supreme Court recently weighed in on the scope of employee free speech rights in the workplace.  Trusz v. UBS Realty Investors, LLC.  In doing so, it expanded the protections afforded employees when speaking out on matters of public concern, including those related to their job duties.  The Court’s interpretation will bolster the rights of whistleblowers reporting job related wrongdoing, and better protect employees speaking out on serious job related issues.


 

Schaffer Law, LLC - 50 Bainton Road - West Hartford, CT.  06117 - Phone: (860) 216-1965 - Fax: (860) 606-9595 - This email address is being protected from spambots. You need JavaScript enabled to view it.