The post Berchem Moses PC’s Social Action Committee Volunteers at Master’s Table Community Meals Program appeared first on Berchem Moses PC | Milford, Connecticut.
]]>Master’s Table Community Meals in Ansonia provides meals to food-insecure guests and is sustained by committed and compassionate volunteers and the generous contributions of donors. Berchem Moses PC’s Social Action Committee, led by Senior Partner Michelle Laubin, participates by volunteering in this effort.
Established in 2011, Master’s Table Community Meals, Inc. is a 501(c)(3) non-profit organization whose goal is to help the less fortunate members of the community including veterans, elderly, unemployed, underemployed, migrants, homeless women, men and children, as well as others who may need support.
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]]>The post Connecticut Supreme Court Clarifies Ability to Protect Law Enforcement Documents from FOIA Requests appeared first on Berchem Moses PC | Milford, Connecticut.
]]>Berchem Moses PC won an important victory at the Connecticut Supreme Court for the Town of Madison in a decision that will impact municipal police departments throughout the state. Floyd Dugas argued the case on behalf of the Town from the Freedom of Information Commission (“FOIC”) through an appeal to the Connecticut Superior Court, and finally an appeal to the Connecticut Supreme Court.
This week, the Connecticut Supreme Court issued a significant decision for police departments responding to requests for law enforcement records. Under the Freedom of Information Act (“FOIA”), certain records of law enforcement are exempt from disclosure, including “[r]ecords of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of such records would not be in the public interest because it would result in the disclosure of . . . information to be used in a prospective law enforcement action if prejudicial to such action.”
The Town of Madison received a FOIA request for investigatory records related to an unsolved murder that occurred in 2010. The case remains open, a suspect has been identified but not publicly named, and detectives continue to pursue leads and work on the case. However, the case went cold and weeks could pass without any new work being done on the case. When the Town received a request for its case files, it declined to provide them, citing the above exemption.
The FOIC held a hearing and ultimately ordered the Town to produce the records. The FOIC concluded that the Town offered only “speculation” that the disclosure of records would be used in a prospective law enforcement action and that the detective testifying for the Town could not articulate how disclosure would be prejudicial to such law enforcement action. The Town appealed the decision and the trial court sided with the FOIC. In doing so, the trial court stated that a “prospective” law enforcement action must be more than theoretically possible, but not necessarily likely or probable. It upheld the FOIC’s decision that the Town had not made a showing that a law enforcement action was “prospective.”
The Connecticut Supreme Court agreed that the trial court articulated the correct standard, that the law enforcement action must be more than theoretically possible, but not necessarily likely or probable. It also extended this standard to the question of how likely it is that a requested document would be used in support of an arrest or prosecution. Recognizing the specific considerations posed by murders and other crimes for which there is no statute of limitations, the Connecticut Supreme Court listed several factors that must be considered by the FOIC in ruling on such cases:
The decision acknowledged that after years have passed and solid leads are less available, the FOIC may require more of a showing regarding the prospective law enforcement action, compared to the initial months and years following a homicide.
Ultimately, the Connecticut Supreme Court held that in the Madison case, the FOIC applied an incorrect legal standard and therefore required too much of the police detective in predicting exactly where and how the requested documents would be used. The decision also contained a significant factual assertion that was not supported by the record. Accordingly, the Connecticut Supreme Court remanded the case back to the FOIC to determine whether, under this newly articulated standard, disclosure of the records would not be in the public interest because it would result in the disclosure of information to be used in a prospective law enforcement action if prejudicial to such action.
Police departments seeking to invoke this exemption under FOIA should be prepared to articulate specific facts regarding the probability of a prospective law enforcement action and how disclosure of the records would prejudice such action, with reference to the specific factors articulated by the Connecticut Supreme Court.
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]]>The post Pro-Employee Sexual Harassment Decisions Up Seven Fold since #Metoo appeared first on Berchem Moses PC | Milford, Connecticut.
]]>Exactly why is not clear. Some legal commentators suspect judges have been swayed by the social justice movement. Perhaps it is that the Federal judges, historically older males, finally “get it.” Efforts to address harassment claims within the judiciary, by law clerks and staff, could also account for the shift.
The study also found that a plaintiff’s likelihood of success in a Federal Court of Appeals actually decreased signaling that perhaps some District Court judges responsible for the uptick mis-applied the law in some cases. What does this mean for employers? It is unclear if this was a temporary reaction to the social justice movement or a more permanent shift. But it certainly suggests employers should treat claims of sexual harassment more seriously and should be less inclined to dismiss claims as untrue, and perhaps utilize independent investigators more often to make certain that where sexual harassment is occurring (and it is in most organizations) that it is uncovered and properly addressed, otherwise they face the increased probability of an adverse determination if the employee ends up filing a sexual harassment lawsuit in Federal court.
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]]>The post Attorneys Bryan LeClerc and Raymond Rigat Win Verdict in Favor of the Town of Stratford appeared first on Berchem Moses PC | Milford, Connecticut.
]]>On January 31, 2024, a New Haven jury returned a verdict in favor of the Town of Stratford in a lawsuit brought by Anthony Zona, a Stratford police officer, against the Town. Anthony Zona claimed that he was suspended without pay for exercising his free speech rights and that the suspension was excessive.
The Plaintiff was represented by John Williams of New Haven. The Town of Stratford was represented by Attorneys Bryan L. LeClerc and Raymond J. Rigat of Berchem Moses PC.
“We are grateful for the attention of the jury and verdict in favor of the Town of Stratford,” said Attorney Bryan LeClerc. “This verdict affirmed that no wrongdoing occurred in this matter,” LeClerc added.
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]]>The post Attorney Michelle Laubin Speaks at Conference presented by the Academy for the Advancement of Behavior Science at Southern Connecticut State University appeared first on Berchem Moses PC | Milford, Connecticut.
]]>The post New Year’s Resolutions From Your Employment Lawyer appeared first on Berchem Moses PC | Milford, Connecticut.
]]>Resolution #1: Get a checkup.
Schedule a checkup – with your employment lawyer. You’re busy with business. It’s difficult to keep up with all the changing legal requirements while moving business forward. Just as you would schedule an annual checkup with your physician, schedule an “HR audit” with employment counsel to review your practices. You can find and fix potentially costly mistakes before an employee or government agency points them out for you. Counsel can help prioritize the resulting action steps to address the most urgent needs first. A self-audit without counsel may inadvertently result in “smoking gun” communications if an error is found, so utilizing counsel under an attorney-client privilege is highly advised.
Resolution #2: Hire a trainer.
Now is the time to make sure your employees, especially supervisors, are well trained on all aspects of their jobs. Connecticut law requires sexual harassment prevention training for new employees within six months of hire and new supervisors within six months of becoming a supervisor. Employment counsel can conduct this training and customize it to your specific work environment. Consider other trainings as well, such as supervisory skills training to empower your supervisors to take effective action while complying with the law.
Resolution #3: Read a book.
When is the last time you reviewed your employee handbook? If your handbook was last printed using a mimeograph, an update is in order. Even a handbook that is only 3 years old may need to be refreshed. Employment laws change frequently, especially in Connecticut, so you’ll want to have counsel review and update your handbook to make sure all of your policies are in compliance. And if a policy or procedure is not working for you anymore, see this as an opportunity to innovate.
Resolution #4: End that toxic relationship.
Are certain employees creating an unbearable work environment for others? If the workplace bully refuses to treat others with respect, termination may be the best option. Of course, you may be limited by collective bargaining agreements, individual contracts, or other laws, so consult with counsel prior to termination if you have any concerns. And make sure to comply with all applicable laws when carrying out a termination.
Resolution #5: Find time to relax.
When you take the time to focus on employment law compliance, you may be able to sleep better at night. You may not be able to prevent every claim, but you will put yourself in the best position to prevail in the event an employee or former employee brings legal action. And that will bring you peace of mind.
* * *
The labor and employment attorneys at Berchem Moses PC can help you make 2024 a great year for you and your employees by advising on all aspects of the employer-employee relationship.
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]]>The post Beyond Year-End Reviews: Strategic Feedback Helps Employee Performance appeared first on Berchem Moses PC | Milford, Connecticut.
]]>The annual review should not be the first time an employee receives feedback. Successful management is an ongoing process.
Why Provide Feedback?
Feedback helps to ensure employee compliance with supervisory expectations, job standards, policies, procedures, and work rules. Of course, standards and rules should be announced ahead of time, with training and an opportunity for questions. Employees should receive coaching when they make mistakes and disciplinary action for violations of these rules. This should occur as close as possible in time to when the issue arises, not reserved for an end-of-year performance review.
Supervisors are often uncomfortable delivering feedback and it may be tempting to avoid dealing with performance issues, but without feedback, problems may fester. Additionally, implementing discipline for the employee who violated the rule may be more challenging if a behavior has gone unaddressed for some time. Employees may have incorrect expectations of their performance and standing when they are never coached about concerns. Additionally, other supervisors may have a difficult time enforcing the same rules if one supervisor is lax. Further, discrimination claims may become more likely if rules are not enforced consistently.
Tips for Delivering Effective Feedback
To provide effective feedback, supervisors should not focus only on the negatives. They should provide praise wherever possible. Praise should be public, as in a company-wide email celebrating a staff member’s achievement. Criticism should be delivered in private. A supervisor who provides a mix of positive and negative feedback is more likely to be viewed in a positive light and employees are more likely to deliver improved performance.
To deliver feedback effectively, supervisors should:
Supervisors should be prepared to discuss concerns in detail, citing examples. Vague criticisms are unlikely to assist the employee in identifying the issue and strategizing to address it. When an employee asks for examples, supervisors should view this as an opportunity to explain the situation, rather than reprimand the employee for “challenging” them.
Documenting feedback provides the employee with notice of the expectations going forward and can also serve as a basis for progressive discipline. If an employee’s performance does not improve, the documentation will show that the employer tried to address the problem and gave opportunities for improvement. It also provides a contemporaneous record of events, which may be important should a legal challenge arise. Documentation should be written using objective language to describe the discussion, how the problem was explained, and any response the employee gave at the time. It should also indicate that future concerns may result in disciplinary action, up to and including termination of employment.
Formal Evaluations
When conducting formal evaluations, it is best to use standardized forms for consistency, but ensure that the form is consistent with the job. Use objective language, including both positive and negative feedback as warranted. Make sure to consider the entire review period, not just the last few weeks. Make notes throughout the year of items you want to include on the evaluation. Consider others’ experiences with the employee, so that their effectiveness on a team is considered, not just their responsiveness to their immediate supervisor. Make sure to consider each item on the evaluation separately. Employees are rarely all good or all bad, so focus on specific metrics, not how much you like or dislike the employee.
To ensure consistency among ratings, compare evaluations among co-workers. Did you rate one employee a “3” and another a “4” when their performance is comparable? If so, recalibrating the reviews before finalizing them will allow you to provide fair, consistent feedback.
Performance Improvement Plans
A performance improvement plan typically creates specific objectives for the employee to meet within a set timeframe. Failure to successfully complete a performance improvement plan often results in termination. Goals should be specific and reasonable, not a set-up for the employee to fail. Employees often view a performance improvement plan as a sign that their job is in jeopardy and may begin consulting with counsel at this point. Make sure your own actions are appropriate throughout the process and that the employee is placed on the performance improvement plan for legitimate, documented reasons.
Notice Required by Connecticut Law
Finally, remember that Connecticut law requires that employers include a statement in clear and conspicuous language in any documented disciplinary action, notice of termination, or performance evaluation that the employee may, should they disagree with any of the information contained in such documentation, submit a written statement explaining their position. If an employee submits such a statement, it must be maintained as part of the employee’s personnel file and accompany any transmittal or disclosure from the file or records made to a third party. Employers should consider the employee’s response to determine if any changes are warranted to the documentation or the action taken, but they are not required to take any action requested by the employee.
Providing employee feedback can be challenging. Following these guidelines will make the process smoother and more effective, while providing the documentation needed in the event of a legal challenge.
The post Beyond Year-End Reviews: Strategic Feedback Helps Employee Performance appeared first on Berchem Moses PC | Milford, Connecticut.
]]>The post Is Your Customer List a Trade Secret? Things to Know appeared first on Berchem Moses PC | Milford, Connecticut.
]]>Relevant Law
Connecticut has adopted the model Uniform Trade Secrets Act with slight alterations. The Connecticut Uniform Trade Secrets Act (CUTSA) includes an expanded definition of “trade secret” that provides for “customer lists” in certain circumstances.
The CUTSA supersedes any Connecticut law regarding trade secret misappropriation. The CUTSA, however, does not affect contractual remedies or other civil liability based on trade secret misappropriation; criminal liability for trade secret misappropriation; or the duty of a person, state, or municipal agency to disclose information (e.g., under the Connecticut Freedom of Information Act).
Important Factors
Courts treat the question of whether a customer list is a protected trade secret as a fact-intensive inquiry. There is no simple legal rule to apply, meaning that it is possible for a business to find itself lacking the protection it anticipated.
Courts applying Connecticut law have held that a customer list may be entitled to trade secret protection when:
On the other hand, courts have denied trade secret protection to customer lists when:
Protecting Customer Lists
To gain legal protection for your customer list, it would be prudent to consider the following strategies:
Conclusion
Customer lists may or may not be classified as trade secrets, depending on the circumstances, but employers can still take steps to protect their confidential information. A strong preventive strategy can deter misappropriation of this information and provide legal remedies if needed.
The post Is Your Customer List a Trade Secret? Things to Know appeared first on Berchem Moses PC | Milford, Connecticut.
]]>The post Berchem Moses PC will serve as corporation counsel to the city of Derby, led by Attorney Richard J. Buturla appeared first on Berchem Moses PC | Milford, Connecticut.
]]>“After working with [Buturla] as a member of the Board of Aldermen/Alderwomen a few years ago,” Mayor-Elect Joseph DiMartino said in a news release, “it was clear to me that his thorough and transparent approach to giving legal advice to the city of Derby is consistent with my new approach to government here in Derby.”
Read the entire article posted in the Shelton-Derby, CT Patch here.
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]]>The post Berchem Moses PC Welcomes Jordan A. Vazzano as the Firm’s Newest Associate appeared first on Berchem Moses PC | Milford, Connecticut.
]]>Jordan A. Vazzano is an Associate in the firm’s Milford office. He is admitted to practice in Connecticut state courts. Jordan’s practice focuses primarily on Labor and Employment Law. He assists in advising public and private sector employers on various personnel, labor, and employment matters.
Jordan graduated from Trinity College in 2019, magna cum laude, with a Bachelor of Arts in Psychology, where he was a member of the Trinity College Football Team. He went on to earn his Juris Doctorate from Quinnipiac University School of Law, magna cum laude.
Welcome, Attorney Vazzano!
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