There are many different employment law rules that apply to your employment. When you’re concerned that your rights have been violated on the job how do you find answers? Your employment law lawyer knows what is legal, what is not legal. Additionally, they will know the proper process to follow to enforce your rights. As a result, it is vitally important that you contact a Connecticut employment law attorney before you try to fight for your rights.
EMPLOYMENT LAW RIGHTS FOR AN EMPLOYEE
WHERE CAN YOU FIND YOUR EMPLOYMENT LAW RIGHTS?
The best way to find out your rights as an employee is to contact a Connecticut employment law lawyer. Additionally, you can find various employment law posters that should be posted at your place of employment. Another location where you might find explanations for your rights is your company’s employee handbook. Your union contract might also contact 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 unions lawyers primary job is to defend the union contract, not you.
The best source of information about your employment law rights is your lawyer.
WHEN SHOULD YOU GET LEGAL ADVICE ABOUT EMPLOYMENT LAW?
You should seek your lawyer’s advice about your problem as soon as possible. After termination, you should seek your lawyer’s advice immediately. You must file a proper administrative claim in many cases. There a time limits within which you must file your administrative claim. Some 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, you will have no protection. 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, 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 forces you to quit your job. These cases are hard to prove. As a result, 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 all of the other various protections that you have.
WHAT ARE MY RIGHTS AS AN EMPLOYEE?
WHAT ARE MY CONTRACT RIGHTS AS AN EMPLOYEE?
Your employment relationship provides contact rights. At a minimum, you have an at-will oral contract for an indefinite term to work in exchange for pay. A written contract will provide you will more contact rights. Most people, however, do not have written contracts of employment with their employer. The vast majority of employees are at-will employees subject to the at-will employment rule.
While most employees have very little contract rights some do have contract rights. As a member of a union, you have rights set forth in a union contract. You might also have contract rights found in an employee manual. Most employment manuals, however, specifically state that the manual itself does not create a contract. Such clauses will be enforced by a Court when he clause is clear.
WRONGFUL DISCHARGE
The Sheets v. Teddy Frosted Foods, Inc. case from 1980 established the principle that a discharge that contravenes a clear mandate of public policy is a wrongful discharge. As a result, an employee can sue for money damages caused by the termination. The plaintiff must prove a demonstrably improper reason for the dismissal derived from some important public policy violation.
DISCRIMINATION PROTECTION
First, Title VII of the Civil Rights Act of 1964 protects against discrimination on the basis of race, color, religion, sex, and national origin. Second, The Connecticut Fair Employment Practices Act protects against discrimination on the basis of race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, learning disability, physical disability, blindness, or veteran status.
Under these laws, an employer cannot hire, fire, or discriminate against an individual on the basis of their membership in a protected class. This means the employer cannot discriminate against the employee in the terms, conditions, or privileges of the employee’s employment with the employer.
Title VII, and the Connecticut Fair Employment Practices Act protect both protect employees from discrimination in the workplace. Therefore, most lawsuits will contain allegations involving both laws. However, there are significant differences between each one. As a result, you will need an experienced employment law lawyer to handle your case.
WHAT IS A PROTECTED CLASS IN AN EMPLOYMENT LAW?
All people fall into several protected classes. For example, sex is a protected class.
In Connecticut, protected classes are race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, learning disability, physical disability, blindness, or veteran status.
If your employer takes adverse action against you because you are a member of one of the protected classes, you have a right to bring a claim against your employer.
RETALIATION PROTECTION IN EMPLOYMENT LAW.
An employer cannot retaliate against an employee for raising a violation of an employment law. Retaliation claims allow the plaintiff to sue for money damages, attorneys’ fees, and typically contain favorable burdens of proof.
WHAT ARE MY RIGHTS TO MEDICAL LEAVE AS AN EMPLOYEE
You have rights to medical leave under the Family of Medical Leave Act of 1993 (FMLA). You have the right to take up to 12 weeks of leave during a 12 months period if you have a serious medical condition that makes you unable to do your job. The law also allows leave for you to care for a family member with a serious health condition. Also, you can take up to 12 weeks of leave within one year of the birth or adoption of your child. Lastly, for a member of the armed forces, their family member can take up to 26 weeks of leave to care for the service member within a 12 month period.
You can take leave all at one, or intermittently. The leave is unpaid leave.
In addition to the Family and Medical Leave Act of 1993, Connecticut has an additional medical leave law the Connecticut Family and Medical Leave Act (CFMLA). The Connecticut medical leave law is similar to the federal FMLA. However, under the Connecticut FMLA you can take up to 16 weeks of leave in any 24 month period.
Beginning January 1, 2022, Connecticut will offer paid medical leave, and your rights to FMLA will increase significantly.
AGE DISCRIMINATION
The Age Discrimination in Employment Act and the Connecticut Fair Employment Practices Act protect those in Connecticut from age discrimination.
DISABILITY DISCRIMINATION
The Connecticut Fair Employment Practices Act, and the Americans With Disabilities Act of 1990 those with disabilities.
SEXUAL HARASSMENT
Sexual harassment includes unwelcome sexual advances, suggestive remarks, lewd remarks, and requests for sexual favors.
WAGE CLAIMS, OVERTIME, CLASSIFICATION CASES
UNEMPLOYMENT COMPENSATION
WORKERS’ COMPENSATION
Workers’ Compensation benefits cover workers injured on the job. These benefits include lost wage benefits, disability benefits, medical benefits, and other important benefits. Workers’ Compensation Commission handles Workers’ Compensation claims. If you file a clam for Workers’ Compensation, your employer cannot retaliate against you for filing the clam. If they do, you can sue in Court seeking damages and reinstatement, or you can bring a retaliation claim before the Workers’ Compensation Commission seeking workers’ compensation benefits including reinstatement.
FREE SPEECH RIGHTS
As an employee you have the right to free speech under the First Amendment to the United States Constitution, and also Article I, Section 4 of the Connecticut Constitution. Your employer also has the right to regulate your speech when that speech content concerns your job responsibilities. When two important rights conflict, a balance must be made.
You have the absolute right to speak freely about matters that have nothing to do with your job duties.
The Connecticut Supreme Court has interpreted Article I, Section 4 of the Connecticut Constitution as providing strong free speech protection to an employee. Protected speech includes topics public corruption, serious wrongdoing, and threats to public safety.
OTHER PROTECTIONS FOR AN EMPLOYEE
- Genetic information. In Connecticut, your employer cannot request your genetic information. They cannot hire, or fire you based on genetic information, and they cannot discriminate against you based on genetic information.
- Pregnancy rights and protection. In Connecticut, there is great protection to those who are or are pregnant, or are contemplating becoming pregnant.
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. 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. Other relevant agencies that might apply to an employment dispute include the United States Department of Labor, Occupational Safety and Health Administration, Equal Employment Opportunity Commission, and the Connecticut Commission on Human Rights and Opportunities.
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.