Monthly Archives: November 2018

Timing Issues in Employee Terminations

Deciding whether an employee should be terminated is a difficult decision, involving not only whether it is the right thing to do, but also whether it is the right time to do it. The appropriate personnel documentation to support a termination should be developed and shared with the employee well before the termination decision is…

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Employers Should be Wary of “Guidance”

Government agencies with enforcement powers often publish “guidance” in the form of bulletins or FAQ’s (frequently asked questions) to provide assistance in compliance. However, unlike statutes and regulations, the guidance publications are not binding and do not have the force of law.  Guidance may be helpful in general, but in a particular instance may be…

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Connecticut District Court Rules That Employer Cannot Rescind Job Offer Because Of Medical Marijuana Use

Since Connecticut passed the Palliative Use of Marijuana Act (“PUMA”), employers have struggled with how to apply its anti-discrimination provisions in various workplace situations. This is especially confusing given that the use of marijuana, even for medicinal purposes, is still considered illegal under federal law.  This month, the U.S. District Court for Connecticut, in Noffsinger…

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Changes to New York State’s Sexual Harassment Laws: What Employers Need to Know

New York employers are subject to several new laws enacted this year aimed at combating sexual harassment in the workplace. In New York, sexual harassment includes harassment not only on the basis of sex, but also on the basis of sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being…

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THE OPIOID CRISIS IN CONNECTICUT: ARE EMPLOYERS RESPONDING EFFECTIVELY?

According to a recent New York Times article, many employers are struggling to respond to the current opioid epidemic. (The September 21, 2018 article, authored by Jenny Gold, is entitled “Workers Overdose on the Job, and Employers Struggle to Respond.”  Find it here.) The article indicates that a stunning 70 percent of employers reported that…

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