Posts tagged with "employment attorney"

Is it Illegal for an Employer to Terminate Someone While They Are out on Disability Leave in Connecticut?

No, it is generally not illegal for an employer to terminate and employee while they are on disability leave.  It is common to terminate someone while they are on disability and is not against the law unless the employee is under the FMLA regulations.  These regulations do not apply to every employer so the circumstances and facts of your case must be evaluated closely to determine what the proper course of action might be.  For this reason it would be beneficial to sit down with an experienced employment law attorney to educate you on your rights.

If you have any questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is it Illegal for an Employer to Terminate Someone While They Are out on Disability Leave in Connecticut?

No, it is generally not illegal for an employer to terminate and employee while they are on disability leave.  It is common to terminate someone while they are on disability and is not against the law unless the employee is under the FMLA regulations.  These regulations do not apply to every employer so the circumstances and facts of your case must be evaluated closely to determine what the proper course of action might be.  For this reason it would be beneficial to sit down with an experienced employment law attorney to educate you on your rights.

If you have any questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is it Illegal for an Employer to Require Long Shifts without Breaks in Connecticut?

The answer to this question depends on the terms of employment, and any employment contract between an employer and employee.  However, there are still state laws and regulations that set standards for breaks and working conditions.  In order to determine whether your employer’s actions are in violation of any labor law, it would be best to consult with an experienced employment law attorney who can analyze the circumstances surrounding your case and give you an educated answer.

If you have any questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

I Was Laid Off Due to Restructuring, but My Position Was Filled Two Days Later. I Was Forced to Sign a Separation Agreement. Can I Sue for Compensation in Connecticut?

An at-will employee can be terminated for any lawful reason in Connecticut.  For example, if you are an at-will employee, your company can terminate you for “restructuring,” even if they fill your same position days later.  Technically, an at-will employee is owed no explanation for termination.   Regardless, there are exceptions to an employment at-will termination.  You may not be terminated in any such way that violates your civil rights.  An example of this would be if you were terminated for your age, gender, or race.  Whether you have been terminated for any one of these reasons would rely heavily on the specific facts of the case.  To determine whether you may sue for compensation it would be important to sit down with an experienced employment attorney to go through every fact and circumstances of your employment.

In the same respect, you may have a claim for compensation if you were forced to sign the separation agreement under fraud or misrepresentation.  Again, it is important to describe to an employment attorney every detail about the separation agreement to determine your case.

If you have any questions involving employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

I Was Laid Off Due to Restructuring, but My Position Was Filled Two Days Later. I Was Forced to Sign a Separation Agreement. Can I Sue for Compensation in Connecticut?

An at-will employee can be terminated for any lawful reason in Connecticut.  For example, if you are an at-will employee, your company can terminate you for “restructuring,” even if they fill your same position days later.  Technically, an at-will employee is owed no explanation for termination.   Regardless, there are exceptions to an employment at-will termination.  You may not be terminated in any such way that violates your civil rights.  An example of this would be if you were terminated for your age, gender, or race.  Whether you have been terminated for any one of these reasons would rely heavily on the specific facts of the case.  To determine whether you may sue for compensation it would be important to sit down with an experienced employment attorney to go through every fact and circumstances of your employment.

In the same respect, you may have a claim for compensation if you were forced to sign the separation agreement under fraud or misrepresentation.  Again, it is important to describe to an employment attorney every detail about the separation agreement to determine your case.

If you have any questions involving employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Can I Be Fired After Working Only 40 Hours at a Connecticut Restaurant?

Generally, employment at a restaurant is considered “at-will.”  At-will employment means that the employer can terminate employment at any time and for any reason, due to the lack of a formal employment agreement.  This is sometimes beneficial for an employee because they may choose to quit their job at any time and for any reason, and are free from any legal repercussions.  This also means that an employer can terminate employment for any reason (or no reason at all) free from any legal repercussions.

If an employee was hired for a position, and then terminated after working only 40 hours, the employer may simply have decided that they no longer need the employee.  In this situation, the employer does not need a reason for terminating an at-will employment.  Although an employee may be terminated at any time, the employee is still entitled to payment for the hours worked.  The Connecticut Department of Labor may provide assistance for retrieving any due payment.  An employment attorney may also provide assistance, and guide an employee through the process.

If you have any further questions related to employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Can I Be Fired After Working Only 40 Hours at a Connecticut Restaurant?

Generally, employment at a restaurant is considered “at-will.”  At-will employment means that the employer can terminate employment at any time and for any reason, due to the lack of a formal employment agreement.  This is sometimes beneficial for an employee because they may choose to quit their job at any time and for any reason, and are free from any legal repercussions.  This also means that an employer can terminate employment for any reason (or no reason at all) free from any legal repercussions.

If an employee was hired for a position, and then terminated after working only 40 hours, the employer may simply have decided that they no longer need the employee.  In this situation, the employer does not need a reason for terminating an at-will employment.  Although an employee may be terminated at any time, the employee is still entitled to payment for the hours worked.  The Connecticut Department of Labor may provide assistance for retrieving any due payment.  An employment attorney may also provide assistance, and guide an employee through the process.

If you have any further questions related to employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Racial Remarks and Jokes Are Made at My Job. I Have Complained to Management and Nothing Has Been Done. What Should I Do?

If you are uncomfortable at your job due to racial remarks and jokes you should file a complaint with management or the human resource department immediately.  If the discriminatory behavior does not stop, you may consider filing a complaint with the Connecticut Commission on Human Rights and Opportunities.  If you choose to contact the CHRO you will need to consult an employment attorney in your area as soon as possible.  There are very strict statutes of limitations on employment discrimination claims in Connecticut, so action should be taken quickly.  If you feel as though you are being discriminated against or have any questions related to employment discrimination in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Racial Remarks and Jokes Are Made at My Job. I Have Complained to Management and Nothing Has Been Done. What Should I Do?

If you are uncomfortable at your job due to racial remarks and jokes you should file a complaint with management or the human resource department immediately.  If the discriminatory behavior does not stop, you may consider filing a complaint with the Connecticut Commission on Human Rights and Opportunities.  If you choose to contact the CHRO you will need to consult an employment attorney in your area as soon as possible.  There are very strict statutes of limitations on employment discrimination claims in Connecticut, so action should be taken quickly.  If you feel as though you are being discriminated against or have any questions related to employment discrimination in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Medical Marijuana Use in the Connecticut Workplace

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012.

The state also reported that over 1600 individuals in Connecticut have been certified by the state to receive medical marijuana. That number is expected to grow once production begins in earnest.

Add to that news, the recent legalization of marijuana in Colorado and Washington and employers now have a whole new area of law to familiarize themselves with.

It would be easy to just write some puns on the matter (and who can resist it in the headline) but it’s not such a laughing matter to employers struggling to figure out what the rules of the road are.

There are 5 important takeaways from CT’s medical marijuana laws:

Employers may not refuse to hire a person or discharge, penalize or threaten an employee based solely on such person’s or employee’s status as a qualifying patient or primary caregiver.

Employers may discriminate if required by federal funding or contracting provisions.

Employers MAY continue to prohibit the use of intoxicating substances, including marijuana, at work.

Employers MAY continue to discipline employees for being under the influence of intoxicating substances at work.

But employers MAY NOT presume that a drug test result that is positive for marijuana means that the employee used at work or was under the influence at work.

While it is clear under [state law] that an employer may terminate or discipline an employee who reports to work impaired on account of his/her medical marijuana use, the law does not address how employers are to treat employees … who use marijuana during non-work hours, but will inevitably fail routine drug tests administered pursuant to a drug-free workplace policy.

If the employer terminates [the employee] for violating its policy, it risks liability if she proves she was not under the influence at work. On the other hand, if it does not terminate …, the employer risks liability should [the employee] report to work under the influence and injure herself or others.

Another novel issue that is arising? Suppose your employee is on a business trip in Colorado. After a sales meeting, on the way back to his hotel, the employee legally purchases and then consumes some Rocky Mountain marijuana. Can you discipline the employee for engaging in a legal activity while on “company business”?

As long as we have disparate state laws on the subject, we’re not going to get clear cut answers. For employers, be sure to stay up to date on the developments and talk with your legal counsel about the implications for your business now that we are on the outskirts of implementation.

Credit to Daniel Schwartz of Shipman and Goodwin LLP.

If you are the victim of workplace harassment, wrongful termination, or any other labor law crime, it is imperative that you consult with an experienced employment law practitioner. The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. Please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at jmaya@mayalaw.com

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