Posts tagged with "labor law"

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.

What Does it Mean to be “Grandfathered in” to a Position in Connecticut?

To be grandfathered in means that although your employment has recently begun operating under new rules, you will be allowed to maintain your employment through the old rules you were currently under.  The old standards in which you were previously hired and employed under will continue to apply to your employment.  Although technically you may not have the qualifications to be hired under the new rules, the old standards will continue to apply to you.

 

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.

What Does it Mean to be “Grandfathered in” to a Position in Connecticut?

To be grandfathered in means that although your employment has recently begun operating under new rules, you will be allowed to maintain your employment through the old rules you were currently under.  The old standards in which you were previously hired and employed under will continue to apply to your employment.  Although technically you may not have the qualifications to be hired under the new rules, the old standards will continue to apply to you.

 

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.

Enforcing a Non-Compete in Connecticut

If you signed a valid non compete agreement, try not to just forget about it. Former employers are using non competes for more than just show now in days, they are enforcing them aggressively. If you are thinking about working for your former employer’s competitor, or in another area that may be covered by a non compete you previously signed, here are two ways your former employer may try to enforce the previous agreement against you.

First, attempted enforcement of a non compete agreement in Connecticut will likely begin with a Cease and Desist Letter. Once the employer has determined (or has a good faith belief) that a former employee is breaching a noncompete, typically the next step will be to engage legal counsel to send a demand or “cease and desist” letter to the employee. A well-drafted demand letter contains an accurate summary of the contractual, statutory and common law restrictions that bind the former employee, a summary of the facts showing that the former employee is in breach of his or her noncompete (or statutory or common law), a description of the harm suffered or potential harm the employer may suffer as a result of the former employee’s breach of duties, and a demand for specific actions and written assurances.

In many noncompete situations, it is also appropriate at this stage to send a separate demand letter to the former employee’s new employer setting forth the facts and arguments as to why the new employer’s engagement of the former employee will unlawfully interfere with the noncompete between the former employee and old employer. Cease and desist letters must convey the message that the former employer takes the former employee’s continuing obligations seriously and will not allow its goodwill, trade secrets or confidential information to be unlawfully misappropriated. These letters are a critical tool because many noncompete situations are resolved by settlement following the exchange of the cease and desist letter and response.

Second, and more drastically, you may be taken to court. A former employer may file suit for a temporary restraining order, an injunction, and damages. If the noncompete situation is not resolved by the sending of cease and desist letters, then the employer must assess whether it will file a lawsuit to enforce the noncompete. Unlike most lawsuits, where the goal typically is to win a judgment awarding money damages after what is usually a lengthy process leading to trial, the goal in most noncompete situations is to obtain an immediate order from the court. This order is called a preliminary injunction (or in certain emergency situations a temporary restraining order). A preliminary injunction will order the former employee (and new employer) to stop taking certain actions, such as working for a competitor altogether, calling on certain customers for the new employer, or using or disclosing confidential and proprietary information. If the former employee or new employer violates the preliminary injunction, they are in contempt of court. The idea is that the preliminary injunction will stop the conduct, preserve the status quo between the parties, and prevent further harm to the former employer. A permanent injunction is issued after trial.

Obviously, the decision to file suit and seek a preliminary injunction must be evaluated carefully given the expense and uncertainty of litigation. This is particularly so in noncompete situations where the outcome of litigation is often influenced to a large degree by particular judges’ views on noncompetes generally. In order to obtain a preliminary injunction, the employer must establish that it is entitled to such relief by showing that: the employer is likely to prevail on the merits of the case at trial; the employer faces irreparable harm; the balance of harm (that facing the employer as compared with the harm the former employee could suffer by, for example, not being able to work for a particular new employer) favors the issuance of an injunction; and the public interest is not adversely affected by the issuance of a preliminary injunction.

In addition to assessing whether this standard can be met, the employer should pause to consider whether it will come to court with “clean hands” (that is, whether it has acted fairly). The issuance of a preliminary injunction is a matter squarely in the judge’s discretion and is a matter of equity (fairness), so it is important that the employer not overreach but rather only seek the protection necessary to prevent the misappropriation of goodwill, trade secrets, and confidential information. Similarly, before embarking on litigation, the employer should evaluate whether it has breached any obligation to the former employee (such as the obligation to pay salary or commissions). Such facts will influence whether the court will grant an injunction, and also will likely result in the assertion of counterclaims against the employer in the lawsuit.

The assessment of whether to file a lawsuit must be made quickly. Delay undermines the argument that the former employee’s current actions are actively harming the employer’s business, and may in rare cases result in the former employee filing suit to obtain a declaration from the court that the noncompete is unenforceable.

If an employer is trying to enforce a non compete against you, or if you are an employer looking to enforce a non compete against a former employee, let the experience Employment Law Group of Maya Murphy, P.C. in Westport, CT help you with this process. With decades of employment law experience in the courts of both Connecticut and New York, the employment law attorneys of Maya Murphy can surely meet your non compete needs. Call 203-222-MAYA or email Ask@mayalaw.com today to schedule a consultation!

Keywords: non compete agreement Connecticut, enforcing a non compete in connecticut, non compete westport, employment law attorney westport

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Enforcing a Non-Compete in Connecticut

If you signed a valid non compete agreement, try not to just forget about it. Former employers are using non competes for more than just show now in days, they are enforcing them aggressively. If you are thinking about working for your former employer’s competitor, or in another area that may be covered by a non compete you previously signed, here are two ways your former employer may try to enforce the previous agreement against you.

First, attempted enforcement of a non compete agreement in Connecticut will likely begin with a Cease and Desist Letter. Once the employer has determined (or has a good faith belief) that a former employee is breaching a noncompete, typically the next step will be to engage legal counsel to send a demand or “cease and desist” letter to the employee. A well-drafted demand letter contains an accurate summary of the contractual, statutory and common law restrictions that bind the former employee, a summary of the facts showing that the former employee is in breach of his or her noncompete (or statutory or common law), a description of the harm suffered or potential harm the employer may suffer as a result of the former employee’s breach of duties, and a demand for specific actions and written assurances.

In many noncompete situations, it is also appropriate at this stage to send a separate demand letter to the former employee’s new employer setting forth the facts and arguments as to why the new employer’s engagement of the former employee will unlawfully interfere with the noncompete between the former employee and old employer. Cease and desist letters must convey the message that the former employer takes the former employee’s continuing obligations seriously and will not allow its goodwill, trade secrets or confidential information to be unlawfully misappropriated. These letters are a critical tool because many noncompete situations are resolved by settlement following the exchange of the cease and desist letter and response.

Second, and more drastically, you may be taken to court. A former employer may file suit for a temporary restraining order, an injunction, and damages. If the noncompete situation is not resolved by the sending of cease and desist letters, then the employer must assess whether it will file a lawsuit to enforce the noncompete. Unlike most lawsuits, where the goal typically is to win a judgment awarding money damages after what is usually a lengthy process leading to trial, the goal in most noncompete situations is to obtain an immediate order from the court. This order is called a preliminary injunction (or in certain emergency situations a temporary restraining order). A preliminary injunction will order the former employee (and new employer) to stop taking certain actions, such as working for a competitor altogether, calling on certain customers for the new employer, or using or disclosing confidential and proprietary information. If the former employee or new employer violates the preliminary injunction, they are in contempt of court. The idea is that the preliminary injunction will stop the conduct, preserve the status quo between the parties, and prevent further harm to the former employer. A permanent injunction is issued after trial.

Obviously, the decision to file suit and seek a preliminary injunction must be evaluated carefully given the expense and uncertainty of litigation. This is particularly so in noncompete situations where the outcome of litigation is often influenced to a large degree by particular judges’ views on noncompetes generally. In order to obtain a preliminary injunction, the employer must establish that it is entitled to such relief by showing that: the employer is likely to prevail on the merits of the case at trial; the employer faces irreparable harm; the balance of harm (that facing the employer as compared with the harm the former employee could suffer by, for example, not being able to work for a particular new employer) favors the issuance of an injunction; and the public interest is not adversely affected by the issuance of a preliminary injunction.

In addition to assessing whether this standard can be met, the employer should pause to consider whether it will come to court with “clean hands” (that is, whether it has acted fairly). The issuance of a preliminary injunction is a matter squarely in the judge’s discretion and is a matter of equity (fairness), so it is important that the employer not overreach but rather only seek the protection necessary to prevent the misappropriation of goodwill, trade secrets, and confidential information. Similarly, before embarking on litigation, the employer should evaluate whether it has breached any obligation to the former employee (such as the obligation to pay salary or commissions). Such facts will influence whether the court will grant an injunction, and also will likely result in the assertion of counterclaims against the employer in the lawsuit.

The assessment of whether to file a lawsuit must be made quickly. Delay undermines the argument that the former employee’s current actions are actively harming the employer’s business, and may in rare cases result in the former employee filing suit to obtain a declaration from the court that the noncompete is unenforceable.

If an employer is trying to enforce a non compete against you, or if you are an employer looking to enforce a non compete against a former employee, let the experience Employment Law Group of Maya Murphy, P.C. in Westport, CT help you with this process. With decades of employment law experience in the courts of both Connecticut and New York, the employment law attorneys of Maya Murphy can surely meet your non compete needs. Call 203-222-MAYA or email Ask@mayalaw.com today to schedule a consultation!

Keywords: non compete agreement Connecticut, enforcing a non compete in connecticut, non compete westport, employment law attorney westport

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I Have Been Working a 40 Hour Work Week for 15.5 Years and Have Only Been Paid for 37.5 Hours. Am I Entitled to My Money Earned?

It is understandable that you would want to collect the money you deserve compensation for.  One issue that should be addressed is the statute of limitations on wage collection.  Depending on the statute of limitations in your state, you will only be entitled to collect wages from a certain date.  It would be helpful to consult an employment attorney who has experience dealing with these issues, to educate you on your rights and how you should proceed.

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 Have Been Working a 40 Hour Work Week for 15.5 Years and Have Only Been Paid for 37.5 Hours. Am I Entitled to My Money Earned?

It is understandable that you would want to collect the money you deserve compensation for.  One issue that should be addressed is the statute of limitations on wage collection.  Depending on the statute of limitations in your state, you will only be entitled to collect wages from a certain date.  It would be helpful to consult an employment attorney who has experience dealing with these issues, to educate you on your rights and how you should proceed.

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.

Q: Does my Employer Have to Give me Two Weeks Notice that I am Being Laid off?

Generally, your employer does not have an obligation to give you notice before a termination or layoff, or even to a change of control in the company.  However, there are many exceptions to this generalization.   For example, if you are a member of a union your contract probably requires a period of notice before a layoff.  Depending on the circumstances of your case, an exception may apply that may make you eligible for notice from your employer.  It would be best to consult an attorney with experience in employment law to review the facts of your case and your employment contract to determine definitively if notice was required.

If you have any 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.