Labor and Employment Law
Decision
Bloom v. Administrator
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Monday, May 13, 2013
A nursery school teacher who allegedly leaves children unsupervised during nap time, in violation of an employer's policy that the children remain visually supervised, can be discharged for willful misconduct.
Decision
Gill v. Brescome Barton, Inc.
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Monday, May 13, 2013
The Supreme Court's 2003 decision in Hatt v. Burlington Coat Factory, that Connecticut General Statutes §31-299b "permits apportionment only in cases of repetitive trauma or occupational disease and, therefore, does not provide a basis for apportionment of liability among insurers when the claimant has suffered two separate and distinct injuries?" was distinguished here, where two separate and distinct, noncumulative knee injuries occurred and the remedial purposes of the Workers' Compensation Act were fostered by the plaintiff undergoing bilaterial knee replacement surgery with one period of recovery.
Decision
State v. Santorella
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Monday, May 13, 2013
To prevail on a claim to revoke or reduce a public official or employee's pension, the Attorney General must prove that: 1.) the defendant served as a public official or state or municipal worker; and 2.) the defendant was convicted of or pled guilty or nolo contendere to a crime related to state or municipal office in state criminal or federal criminal court.
Decision
Byrd v. Administrator
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Monday, May 6, 2013
An employee of an ambulance company may engage in "willful misconduct," if the employee allegedly leaves a frail, elderly patient in a hallway, unattended, in violation of the employer's policy.
Decision
Bennett v. Shaheer
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Monday, April 22, 2013
An individual who allegedly is a 49 percent owner can possess a valid claim for failure to pay commissions to an "employee," in violation of Connecticut General Statutes §31-72.
Decision
Gallagher v. Town of Fairfield
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Monday, April 15, 2013
A worker may be required to file disability discrimination and retaliation claims with the Equal Employment Opportunity Commission within 300 days of the alleged act, pursuant to the Americans With Disabilities Act.
Decision
Commissioner of Labor v. Oracle America Inc.
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Monday, April 8, 2013
Absent proof that an employer transferred an employee to a non-commission position, an employer may be responsible to pay the employee performance-based commission wages.
Decision
Cutler v. Stop & Shop Supermarket Co. LLC
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Monday, April 8, 2013
If employment action that allegedly qualifies as adverse employment action takes place prior to "retaliation," a worker may not be able to prove employment retaliation.
Decision
Moran v. Board of Education of the City of Bridgeport
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Monday, April 8, 2013
To qualify as disabled under a "record of being disabled" theory, a plaintiff is not required to be disabled at the time of an adverse employment action, provided that he possesses a record of being disabled.
Decision
Vera v. Waterbury Hospital
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Monday, April 8, 2013
A reasonable jury could not find that a worker who is gay was discharged because of sexual orientation, if supervisors offered to help with his application for medical leave, held open his job 78 days, even though he did not file the application, and asked that he return.
