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To Terminate or Not to Terminate: That is the Question

To Terminate or Not to Terminate: That is the Question

If you work or operate a business long enough, it is inevitable that the decision to terminate will be made at some point.  This decision, while not an easy one to make, is compounded by issues that can arise immediately after when the terminated employee believes they were “wrongfully terminated” and seek redress through a […]

The New Connecticut Provisional Pardon Law and What you Need to Know

The New Connecticut Provisional Pardon Law and What you Need to Know

On October 1, 2014 Public Act 14-27 went into effect which revamped Connecticut’s provisional pardon law (Conn. Gen. Stat. § 54-130a).  The revisions were based on the recommendations of the Connecticut Sentencing Commission and under this new bill: “a provisional pardon or certificate [of rehabilitation] creates a presumption of rehabilitation. The bill requires the state or an […]

After-Acquired Evidence Permitted to Prove Non-Discriminatory Basis for Termination

After-Acquired Evidence Permitted to Prove Non-Discriminatory Basis for Termination

Most of the time, when an employer terminates an employee, and that employee sues, a court will not let an employer introduce evidence uncovered after the decision to terminate.  However an exception has been added due to a recent decision by the Second Circuit Court of Appeals where it was held that evidence that is uncovered after […]

$168 Million Sexual Harassment/Retaliation Verdict

$168 Million Sexual Harassment/Retaliation Verdict

According to a recent Los Angeles Times article, a California jury recently awarded a hospital employee $168 million, including $125 million in punitive damages, to a female physician assistant who endured two years of sexually inappropriate behavior and then was fired for reporting the harassment as well as patient care violations. The perpetrators included cardiac […]

The Fine Art of Crafting Age Discrimination Waivers

The Fine Art of Crafting Age Discrimination Waivers

It is no secret that most employers attempt to manage the risk of litigation through the use of employee separation agreements.  A recent Second Circuit decision serves as a valuable reminder of the importance of drafting separation agreements which will stand up to attack. Earlier this month, in Ridinger v. Dow Jones & Co., the Second […]