Author: Robert Hinton

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because  juries typically will only believe employers if they “put it in writing.”  Conversely, when it comes down to the employer’s word against the employee’s word, an employer without…

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Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor, Wendy Bell, was fired after she made a post on her personal Facebook page about the murder of six people…

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Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from inquiring about a prospective employee’s prior arrest, criminal charges or convictions on an initial employment application unless (1) the…

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Retaliation Claims Shouldn’t Be a Form of Job Security

I recently overheard a plaintiff’s employment lawyer quip that the best form of job security for an employee is to file a retaliation claim.  While there may be some plausibility to that, it is certainly not a truism.  There is no question that an employer should be extremely cautious when disciplining employees who have filed…

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