Employment Law

This page is about one of our practice areas, employment law.  We will first generally describe what employment law is.  Next, we show you where to find your employment law rights.  We will discuss when, and how to protect your employment law rights.  We will also give some simple advice, and discuss one very important rule in employment law.  Finally, we will tell you about our firm, and where to find help with your employment law matters. 

What is employment law?

Employment law deal with you, and your employer.  This includes rules about how to find a job, how to keep a job, and how to protect your job.  There are many different employment law rules that apply to your employment. 

Where can you find your employment law rights?

You should always be discussing your issues with your employment law lawyer.  Only your lawyer knows what is legal, what is not legal.  Additionally, your lawyer will know the proper process to follow to enforce your rights such as where to file an administrative claim.  As a result, your employment law lawyer is the best source for your rights.  It is vitally important that you contact a Connecticut employment law attorney before you try to fight for your rights.

Additionally, while you can find various employment law posters at your place of employment, you should confirm what you read with professional advice.  Another location where you might find explanations for your rights is your company’s employee handbook.  Your union contract might also contain explanations of your relevant rights.  Please keep in mind that the human resource department for your employer is not always a good source of information for you.  Their job is to defend the employer’s rights, not yours.  Additionally, your union’s lawyers primary job is to defend the union contract, not you.

The best source of information about your employment law rights is your lawyer.

Seek legal advice promptly.

You should seek your lawyer’s advice about your problem as soon as possible.  If you are fired, you should seek your lawyer’s advice immediately.  You must file a proper administrative claim in many cases.  There are time limits within which you must file your administrative claim.  Some time limits come up quickly.  As a result, you should seek professional advice as soon as possible.

How can you protect yourself?

In many cases the best way to protect yourself is to assert your rights aggressively.  For many rights, once you have already asserted your rights in the proper format you are protected from retaliation by your employer.  If you have not asserted your rights in the proper format in the first place, you will have no protection from retaliation.  Therefore, you will receive greater protection if you aggressively assert your rights.  As a result, you should consult with your lawyer to learn how to best protect yourself.

Quitting your job is probably going to hurt your case, and you should seek legal advice before quitting.

You should always speak with your lawyer before you quit your job, or make important decisions, no matter how absolutely unbearable your job is.  When you quit your job, you have essentially caused your own damages.

A constructive discharge occurs when the company takes certain actions that force you to quit your job.  These cases are very hard to prove.  As a result, you should absolutely seek legal advice before you quit your job.

What is the employment at will rule?

The employment at will rule says that absent a contract, you can quit for any reason or no reason, and your employer can fire you for any reason or no reason.  Of course, your employer cannot fire you on the basis of your membership in a protected class. For example, your employer cannot fire you due to your disability, your race, national origin, religion, sex, or your age. Follow these various links to read more about your employment law protections.   

How can I enforce my employment law rights?

You can enforce your employee rights in one of three ways.  First, you can enforce your rights by filing a lawsuit.  Second, you can file an administrative claim with the appropriate administrative agency.  In many instances, you must file an administrative claim before you can file a lawsuit.  For example, a discrimination claim should go to the Connecticut Commission of Human Rights and Opportunities first.  Additionally, you can file a claim with the State of Connecticut Department of Labor to help you with an unpaid wage claim, or other issues such as workplace safety matters.  Other relevant agencies that might apply to an employment dispute include the United States Department of Labor, Occupational Safety and Health Administration, and the Equal Employment Opportunity Commission.

You must file certain claims with the appropriate agency before you have the right to sue in Court.  Moreover, if you fail to include all appropriate defendants in the agency claim, you cannot bring a claim against those defendants in Court.  As a result, before you file any claim, you should seek the advice of an experienced employment law lawyer.

Where to find help?

You should always immediately seek professional help when you have an issue at work.  Attorney Peter Bartinik Jr. is Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy.  He is also a member of the Connecticut Employment Lawyers’ Association.  The Bartinik Law Firm LLC is here to help you.  Call us at 860-445-8521.