Employer's Guide to Connecticut Employment Laws

At-Will Nature of Employment

Connecticut recognizes the “at-will” doctrine. This means that all employment relationships, except those stating a definite duration, or a “just cause” standard for termination, can be terminated by either party, at any time, with or without notice, for any reason, or no reason at all, provided the termination is not for an unlawful reason. Terminations for an unlawful reason include those based on illegal discrimination, or in violation of statutory rights, or in violation of public policy. Terminations in violation of public policy include cases where the employee was unlawfully fired for reporting regulatory violations, and refusing to work in an unsafe environment See Parsons v. United Technology Corp., 243 Conn. 66 (1997) and Sheets v. Teddy’s Frosted Foods, Inc. , 179 Conn. 471 (1980) for a discussion of the public policy concept.

Employers need to make sure their handbooks and policies do not convert an intended “at-will” relationship into a “just cause” or definite term relationship. The Connecticut Supreme Court has held that language in an employee handbook can do so, if the “at-will” nature of the relationship is not clear and unambiguous. Employers can protect themselves by adding a clear disclaimer in their handbook, which specifically states that the handbook does not create a contract of employment, and that any employment is governed by the “at-will” doctrine. Finley v. Aetna Life & Casualty Co. , 202 Conn. 190 (1987). See also, Torosyan v. Boehringer Ingelheim Pharmaceuticals , 234 Conn. 1 (1995). Any disclaimer should be set out in a different font, bolded, titled, and placed on the first page of the handbook to avoid claims that it was unclear or insufficiently communicated.

Workplace Violence and Safety

Connecticut law states that a “master” is required to exercise reasonable care to provide a “servant” with a reasonably safe place in which to work. Conn. Gen. Stat. § 31-49. This statute has largely been supplanted by the Connecticut Workers’ Compensation Act. Conn. Gen. Stat. § 31-275 et seq , which also requires employers to provide a safe workplace. Given these requirements, employers are encouraged to make sure they have rules in place to prohibit violence, horseplay, and driving while texting or using a cell phone.

Political Activity

Employees working for employers with more than twenty-five (25) employees, or for a municipality in which there is no ordinance or charter provision to the contrary, who leave employment to accept a full-time elective municipal or state office must be granted a personal leave of absence for not more than two consecutive terms of office. Upon reapplication for the original position at the expiration of such term or terms of office, the employee must be reinstated to the original position, or a similar position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Employees must give notice in writing to an employer of any candidacy for a full-time municipal or state office within thirty (30) days after nomination for that office. Conn. Gen. Stat. § 31-51l.

First Amendment Rights

Employers may not discipline or discharge an employee for exercising rights guaranteed by the first amendment to the United States Constitution, or section 3, 4 or 14 of article first of the Connecticut Constitution, provided such activity does not substantially or materially interfere with the employee's bona fide job performance, or the working relationship between the employee and the employer. Connecticut law, therefore, restricts not only governmental employers, but also private employers from taking adverse action against employees exercising their free speech or other first amendment rights. Conn. Gen. Stat. § 31-51q.

Whistleblower Rights

Employers may not discharge, discipline or otherwise penalize any employee because the employee reports, verbally or in writing, a violation, or a suspected violation, of any state or federal law or regulation, or any municipal ordinance or regulation, to a state or federal public agency, or because an employee is requested by a public agency to participate in an investigation, hearing or inquiry held by that agency, or a court action. Further, no municipal employer shall discharge, discipline or otherwise penalize any employee because the employee reports, verbally or in writing, concerns of unethical practices, mismanagement, or an abuse of authority by such employer to a public agency. Conn. Gen. Stat. § 31-51m.

Employee Drug and Alcohol Testing

Connecticut employers may test employees for drug and alcohol use under limited circumstances. These include pre-employment, reasonable suspicion, and randomly, when a job is deemed to be “high risk.”

When tests are conducted, an employer must follow a strict testing protocol, which requires any initial test to be confirmed by a second test as reliable, or more reliable, than the gas chromatography and mass spectrometry methodology.

Prospective employees may be tested only if the prospective employee is informed in writing at the time of application of the employer's intent to conduct a drug test, and is given a copy of any positive test result. The results of any test shall be confidential and shall not be disclosed by the employer or its employees to any person other than the employee to whom such disclosure is necessary. Drug test records must be maintained along with other employee medical records and are subject to the same privacy protections

Further no employer may require an employee to submit to a urinalysis drug test unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol, which adversely affects, or could adversely affect, such employee's job performance.

Random tests are permitted only when such test is authorized under federal law, the employee serves in an occupation which has been designated as a high-risk or safety-sensitive occupation by the Labor Commissioner, is employed to operate a school bus, or the test is conducted as part of a voluntary employee assistance program sponsored or authorized by the employer. Conn. Gen. Stat. §§ 31-51t-31-51aa.

Smoking

Employers with 20 or more employees in a single building must establish non-smoking areas to accommodate any employee wishing to work in a non-smoking environment. Where smoking is permitted, the smoking area must contain physical barriers and ventilation systems to minimize the effect of smoking in adjacent non-smoking areas. In lieu of creating non-smoking areas, employers may ban smoking throughout the entire workplace. Conn. Gen. Stat. § 31-40q.

Off Duty Tobacco Use

Employers may not require, as a condition of employment, any employee or prospective employee to refrain from smoking or using tobacco products outside work, or otherwise discriminate against any person with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside work. Employers whose primary purpose is to discourage use of tobacco products by the general public are exempt from these restrictions. Conn. Gen. Stat. § 31-40s.

Emergency Telephone Calls

Employers must notify an employee of an incoming emergency telephone call if the caller states that the emergency involves the employee’s mother, father, husband, wife, son, daughter, sister, brother, or a person designated by the employee. An emergency means a situation in which such person has died, experienced a serious physical injury, or is ill and in need of medical attention. Conn. Gen. Stat. § 31-51jj.

Employer Losses

No employer may request or require reimbursement from an employee for any loss or shortage incurred in the course of the employer's business as a result of any wrongdoing on the part of a customer. Conn. Gen. Stat. § 31-51hh.

Criminal Records

No employer may require an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased. Erasure generally occurs when there has been a finding of delinquency, or that a child was a member of a family with service needs, or the adjudication dealt with a youthful offender, or a criminal charge has been dismissed or nolled, or the person was found not guilty of a criminal charge, or received an absolute pardon.

Further, any employment application form that contains any question concerning the criminal history of the applicant must contain a notice, in clear and conspicuous language that the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased. The application must also explain what “erased” records are, and that any person whose criminal records have been erased shall be deemed to have never been arrested and may so swear under oath, or when completing the application.

The portion of an employment application which contains information concerning the criminal history record of an applicant or employee may only be made available to members of the personnel department, and to any employee of the company involved in the interview process. Aside from these stated persons, the criminal history can be made available in certain instances to other persons involved in financial and insurance relationships with the company.

In addition, no employer may deny employment to a prospective employee, or discharge a current employee, solely on the basis of a prior arrest, criminal charge or conviction, which has been erased under the law. Conn. Gen. Stat. § 31-51i.

Nursing mothers

Employers must permit any employee to express breast milk or breastfeed at work during a meal or break period, and must provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee may do so in private. Further, an employer may not discriminate against, discipline or take any adverse employment action because an employee exercises her rights. Conn. Gen. Stat. § 31-40w.

Employee Surveillance and Monitoring

Employers may not operate any electronic surveillance device or system for the purpose of recording or monitoring the activities of employees in areas designed for the health or personal comfort of the employees, or for safeguarding their possessions. This includes rest rooms, locker rooms and lounges. Further, no employer or employee shall intentionally overhear or record a conversation pertaining to employment contract negotiations between the two parties by means of any instrument, device or equipment, unless such party has the consent of all parties to the conversation. Conn. Gen. Stat. § 31-48b

In addition, employers must provide prior written notice to all employees who may be affected by any type of electronic monitoring, and the types of monitoring that may occur. “Electronic monitoring” means the collection of information on an employer's premises concerning employees' activities, or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photo-electronic or photo-optical system, but not including the collection of information for security purposes in common areas of the employer's premises which are held out for use by the public. This requirement, thus applies to employer monitoring of email, voicemail, telephone use, computer use, Internet use, and the use of other similar technology.

When, however an employer has reasonable grounds to believe that employees are engaged in conduct which (i) violates the law, (ii) violates the legal rights of the employer or the employer's employees, or (iii) creates a hostile workplace environment, and electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.

These provisions, however, do not apply to a criminal investigation. Any information obtained in the course of a criminal investigation through the use of electronic monitoring may be used in a disciplinary proceeding against an employee. Conn. Gen. Stat. § 31-48d.

GPS Tracking

In a related issue, the Connecticut Superior Court found an employer does not violate Conn. Gen. Stat. § 31-48d by placing a GPS tracking device in a company vehicle without prior notice to employees operating the vehicle. Vitka v. City of Bridgeport, 2007 Conn. Super LEXIS 3486 (Conn. Super. Ct. Dec. 31, 2007). The court found the statute does not apply when the monitoring takes place off-site on public roads where employees have no reasonable expectation of privacy.

Polygraphs

No employer may request or require any employee, or prospective employee, to take a polygraph examination as a condition of obtaining or continuing employment. Also, employers may not dismiss or discipline an employee for failing, refusing or declining to take a polygraph examination. Employers include employment agencies. This restriction does not apply to persons employed or seeking employment with the state or any local government as a police officer or corrections officer. Conn. Gen. Stat. § 31-51g.

Access to Personnel Files

Employers must, within a reasonable time after receipt of a written request from an employee, permit the employee to inspect their personnel file, if such file exists. The inspection must take place during regular business hours at a location at or reasonably near the employee's place of employment. An employer is not required to permit an inspection of any employee's personnel file on more than two occasions in any calendar year. Personnel files must be retained for at least one year after the employee’s termination of employment.

Also, employers must, within a reasonable time after receipt of a written request from an employee, permit an inspection of the employee’s medical records by a physician chosen by the employee, or by a physician chosen by the employer with the employee's consent. Medical records must be retained for at least three years following termination of employment. Medical records, if kept by an employer, must be kept separately and not as part of any personnel file.

In addition, if requested in writing, an employer must provide an employee with a copy of all or part of the personnel file, or provide such employee's physician with a copy of such employee's medical records, provided such request reasonably identifies the materials to be copied. Such employer may charge a fee for copying such file or records. Such fee shall be reasonably related to the cost of supplying the requested documents.

If upon inspection of the personnel file or medical records an employee disagrees with any of the information contained in the file or records, removal or correction of such information may be agreed upon by the employee and employer. If the employee and employer cannot agree on the removal or correction then the employee may submit a written statement explaining his position. The statement shall be maintained as part of the employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party.

Further, no individually identifiable information contained in the personnel file or medical records of any employee shall be disclosed by an employer to any person or entity not employed by or affiliated with the employer without the written authorization of the employee, except under limited circumstances stated in the law. Conn. Gen. Stat. §§ 31-128a-31-128h.

Non-Compete Restrictions

Security Guards

No employer may require any person employed as a security guard to enter into an agreement prohibiting the person from engaging in the same or a similar job, at the same location at which the employer employs the person, for another employer, or as a self-employed person, unless the employer proves that the person has obtained trade secrets of the employer. Conn. Gen. Stat. § 31-50a.

Broadcast Employees

No broadcast industry employer may enter into an employment contract for the services of a broadcast employee that contains provisions requiring that the broadcast employee; refrain from obtaining employment in a specified geographical area for a specified period of time after termination of employment, disclose the terms or conditions of an offer of employment, or the existence of any such offer, from any other broadcast industry employer following the expiration of the employment contract, or agree to enter into a subsequent employment contract with the broadcast industry employer, or extend or renew the existing employment contract, upon the same terms and conditions offered by a prospective employer. Conn. Gen. Stat. § 31-50b.

Blacklisting and References

Any employer who blacklists any employee, or publishes or causes to be published the name of any such employee, with the intent and for the purpose of preventing such employee, from engaging in or securing employment from any other employer, or, in any manner, conspires or contrives, by correspondence or otherwise, to prevent such employee, from procuring employment, shall be fined not less than fifty and not more than two hundred dollars. These provisions do not, however, prohibit any employer from giving a truthful statement of facts concerning a present or former employee to an employer who may be considering employing such employee. Conn. Gen. Stat. § 31-51.

The key here is to make sure any reference given is truthful and based on objective and well documented facts. This allows an employer to protect itself from both statutory and common law defamation claims. For instance, the Connecticut Supreme Court held that employers furnishing negative references will not be subject to liability for defamation where the employee has given consent to provide a reference, and the negative statements were not made with malice. Malicious statements are those made with ill will, a desire to injure, or with actual knowledge of, or reckless disregard for, the truth. Miron v. Univ. of New Haven Police Dept., 284 Conn. 35 (2007).

Rules Regarding Employee Work Schedules and Attendance

Frequency of Payment

Employers must establish a regular pay day, which shall not be more than eight (8) days after the end of the pay period. If the pay day falls on a non-work day, payment shall be made on the preceding work day. Conn. Gen. Stat. § 31-71b.

Employers may seek a waiver from the Labor Commissioner to establish regular pay days less frequently than weekly, provided each employee affected shall be paid in full at least once in each calendar month on a regularly established schedule. Conn. Gen. Stat. § 31-71i.

Notification of Policies

Employers must advise employees in writing, at the time of hiring, of the rate of remuneration, hours of employment and wage payment schedules, and make available, either in writing or through a posted notice maintained in a place accessible to employees, any employment practices and policies, or changes thereto, to wages, vacation pay, sick leave, health and welfare benefits and comparable matters. Conn. Gen. Stat. § 31-71f.

Time off for Jury Duty

Employees scheduled to work at least 30 hours per week must be paid their regular wages for the first five (5) days of jury duty, provided the employee would have otherwise been paid for that day. Employees serving more than five days on jury duty will be paid by the state for the sixth day and each day thereafter at a rate of fifty dollars per day of service. An employee who has served eight hours of jury duty in any one day shall be deemed to have worked a legal day's work, and an employer cannot require the employee to work in excess of said eight hours.

Further, an employer shall not terminate an employee or otherwise threaten or coerce an employee because the employee receives a summons for jury duty, responds to the summons, or serves as a juror. Conn. Gen. Stat. § 51-247- § 51-247a.

Payment upon termination

Whenever an employee voluntarily terminates employment, the employer must pay the employee's wages in full not later than the next regular pay day, either through the regular payment channels or by mail. Whenever an employer discharges an employee, the employer must pay the employee's wages in full not later than the next business day after the date of discharge. When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason is laid off, the employer shall pay in full to such employee the wages earned not later than the next regular pay day. Conn. Gen. Stat. § 31-71c.

If an employer policy or collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, including but not limited to paid vacations, holidays, sick days and earned leave, and an employee is terminated without having received such accrued fringe benefits, such employee shall be compensated for such accrued fringe benefits, exclusive of normal pension benefits, in the form of wages in accordance with such agreement or policy. Conn. Gen. Stat. § 31-76k.

Military Leave

Connecticut has a separate Family and Medical Leave Act that employers with 75 or more employees must comply with. The Connecticut law requires leave to care for injured military members, similar to the requirements of federal law. It does not include the same military exigency leave requirements of federal law.

More specifically, an employee who is the spouse, son or daughter, parent or next of kin of a current member of the armed forces who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty, shall be entitled to a one-time benefit of twenty-six workweeks of leave during any twelve-month period. Conn. Gen. Stat. § 31-51ll.

Leave for Victims of Family Violence

Employers with three or more employees, including the state and any political subdivision of the state, must permit any employee who is a victim of family violence to take paid or unpaid leave during any calendar year in which such leave is reasonably necessary to seek medical care, or psychological or other counseling for physical or psychological injury or disability for the victim, to obtain services from a victim services organization, to relocate due to family violence, or to participate in any civil or criminal proceeding related to or resulting from family violence. An employer may limit the amount of leave to twelve (12) days during any calendar year, unless more leave is provided under any other state or federal law.
Employees are not entitled to paid leave, if not otherwise permitted by the employee’s terms and conditions of employment, or such paid leave exceeds the maximum amount of paid leave due the employee during any calendar year. However, employees are entitled to unpaid leave if paid leave is exhausted or not provided. Any combination of paid and unpaid leave need not exceed 12 days in a calendar year, unless the employer’s policies provide for additional leave under similar circumstances. Conn. Gen. Stat. § 31-51ss.