Employment Law Articles

Video Resumes Raise New Legal Concerns

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            Video resumes are becoming more popular, especially among younger workers. In some cases a video resume is used in place of a paper version, while in others it is supplemental. A recent survey conducted by Vault Inc., a company providing online career information, found that a majority of employers would view video resumes as part of its hiring decision. Specifically, they stated a video would provide a better sense of the candidate’s experience, and permit them to gauge a person’s speaking ability, leadership, poise, eye contact, and charisma.

Careless Remarks Can Doom Otherwise Lawful Termination

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In a recent case handed down by the U.S. District Court for Connecticut, site an employer’s motion for summary judgment was denied because of careless comments made by supervisors prior to and during a discharge meeting. Dupee v. Klaff’s Inc., 2006 U.S. Dist. LEXIS 81592 (Nov. 8, 2006). A security guard employed by Klaff’s was injured in an on the job motor vehicle accident. Following his injury he missed approximately one month of work and continued to be absent periodically for medical treatment. All time off was covered by the Family and Medical Leave Act. He was terminated about one year after the accident for alleged poor performance, including failures to report off when absent.

Employer Immigration Requirements

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            The main statute governing a company’s obligations under federal immigration law is the Immigration Reform and Control Act of 1986 (“IRCA”). Provisions of the Act require every employer to verify the identity and work authorization status of every employee through completion of an I-9 form.

Employee Negligence Waivers Violate Public Policy

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            In a case of first impression, the Connecticut Supreme Court ruled that an agreement between an employer and employee precluding the employee’s right to bring a negligence claim against the employer is void as a matter of public policy. Brown v Soh, 280 Conn. 494 (2006). In this case the Skip Barber Racing School required its employee instructors to sign exculpatory agreements, which waived their right to bring suit against Skip Barber even when the School’s negligence caused them injury.  

Jailed Employees Present Unique Challenges

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            When employers receive notice that an employee has been arrested for committing a crime they often are unsure of their options. In Connecticut employers do not have to wait for the criminal justice system to determine guilt or innocence before taking action. You may terminate the employee before a final determination is made by the courts, or alternatively you may wait until a verdict is rendered.


 

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