Monthly Archives: October 2014

Sex, Lies, and The FOIA: Wotjas v. Town of Stonington and The Disclosure of Sexual Harassment Complaints, Regardless of “Guilt.”

This author wrote previously on the status of sexual harassment investigations under the Freedom of Information Act [”FOIA”]. In a case that has grabbed some notoriety; the Freedom of Information Commission [“FOIC”] has offered further guidance and reminders as to the public nature of sexual harassment complaints. In Wotjas v. Department of Administrative Services, Town…

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Required Consideration Lacking For Replacement Employment Contract

A September 23rd Connecticut Appellate Court decision tells a cautionary tale for employers drafting employment contracts intended to replace earlier contracts. Thoma v. Oxford Performance Materials, Inc., 2014 WL 4548490 (Conn. App.). In Thoma, the employee’s first contract gave her the right to a generous severance if the employer terminated her without cause. It also…

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A Question To Be Answered By The Supreme Court: Should You Discuss The Obvious At Job Interviews?

Sometime next year the United States Supreme Court will decide whether a job interviewer had an obligation to inform an applicant that the interviewer has noticed that the applicant is wearing a headscarf. Put another way, on the issue of an employer’s duty to accommodate an article of clothing worn as a religious practice, does…

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Reacting to Employee Off-The-Job Misconduct

A very concerned CEO calls his attorney. He has just learned that several months ago a key employee punched his fiancée, knocking her unconscious. There was a criminal charge that was dismissed, and the couple later married, but a bystander made a video of the incident which has made its way to the company. The…

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With the Latest Workplace Violence, Is It Time To Review Your Workplace Safety Policies?

The travesty of the latest workplace violence – a shooting on September 23, 2014 at UPS’s Birmingham Alabama facility and the beheading at a Vaughan Foods plant in Oklahoma – is a reminder that all employers must be vigilant to protect their employees, customers and vendors from potential workplace violence, whether from an employee or…

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Employee or Independent Contractor? A Change in the Ground Rules at FedEx Ground

I’ll bet you assume that the hard-working driver who delivers your packages and letters shipped by Federal Express is a FedEx employee. After all, he or she wears a FedEx uniform, drives a FedEx truck, uses a FedEx handheld computer, and operates on a FedEx schedule. So it may surprise you to learn that those…

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