Employment Law Articles

Actual Injury Required for Breach of Loyalty Claim

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            In a case of first impression, the Connecticut Supreme Court recently held that an employer bringing suit against a former employee for breach of the duty of loyalty must prove a specific loss in order to state a cause of action.  News America Marketing In-Store, Inc. v. Marquis, 276 Conn. 310 (2005).

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, 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.

Connecticut Hand’s-Free Law Impacts Employer Liability

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            Effective October 1, 2005, individuals may no longer use “hand-held mobile telephones” while driving in Connecticut. (CT Public Act No. 05-220). A “hand held mobile telephone” is defined as a phone requiring at least one hand to talk or listen. Using a hand to activate, deactivate or initiate a function of the phone is still permitted. In addition, calls made in emergency situations to 911 operators, hospitals, physicians, fire officials or police departments are exempt from the Act.

Connecticut Law Clarifies Medical Continuation Rights Following Termination

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            Effective October 1, 2009, a new law provides guidance on employer and employee rights regarding the continuation of medical coverage following termination of employment. (P.A. 09-126). Under the new law, employers must continue to cover employees and pay its portion of the premium for 72 hours following the employee’s termination. “Employment termination” is defined as a voluntary quit, or a discharge for any reason other than layoff.

Connecticut Severely Restricts Employers Use of Credit Reports

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            Effective October 1, 2011, all employers with at least one employee may no longer require an employee or prospective employe e to consent to a request for a credit report that contains information about the employee’s or prospective employee’s credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers as a condition of employment unless (1) such employer is a financial institution, (2) such report is required by law, (3) the employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law related to the employee’s employment, or (4) such report is “substantially related to the employee’s current or potential job,” or the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job-related and is disclosed in writing to the employee or applicant.


 

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