Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. https://garrisonlaw.com/ Advocates for Workers’ Rights and Workplace Fairness Wed, 27 Mar 2024 13:53:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://garrisonlaw.com/wp-content/uploads/2023/09/cropped-Garrison-Favicon-02-32x32.jpg Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. https://garrisonlaw.com/ 32 32 Josh Goodbaum Joins the Advisory Board of the NYU Center for Labor and Employment Law https://garrisonlaw.com/josh-goodbaum-joins-the-advisory-board-of-the-nyu-center-for-labor-and-employment-law/ Fri, 08 Mar 2024 16:05:32 +0000 https://garrisonlaw.com/?p=3154 Garrison Law is pleased to announce that our partner Josh Goodbaum has joined the Advisory Board of the NYU Center for Labor and Employment Law. The NYU Center for Labor […]

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Garrison Law is pleased to announce that our partner Josh Goodbaum has joined the Advisory Board of the NYU Center for Labor and Employment Law.

The NYU Center for Labor and Employment Law is one of the leading organizations in the United States in the area of labor and employment law, fostering study, dialogue, and debate among both management- and employee-side attorneys and leaders. It was created in 1996 to establish a nonpartisan forum for the debate and study of the policy and legal issues involving the employment relationship.

Membership on the Advisory Board is by invitation only, and its members include many of the most prominent labor and employment lawyers in the New York metropolitan area. The role of these professionals is to use their broad range of experience in labor relations, employment law, and human resources issues to provide important advice and guidance on the Center’s activities. Josh is one of only two members from Connecticut.

Josh Goodbaum is a partner at Garrison Law who focuses his practice on representing employees who have suffered discrimination, sexual harassment, wrongful termination, retaliation, wage and hour issues, and more in virtually every sector of the Connecticut economy. He also regularly counsels employees and executives facing disputes, such as those involving employment contracts, non-compete agreements, and severance agreements.

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Should I Tell My Employer About My New Medical Diagnosis? https://garrisonlaw.com/should-i-tell-my-employer-about-my-new-medical-diagnosis/ Wed, 06 Mar 2024 14:34:49 +0000 https://garrisonlaw.com/?p=3171 Amanda DeMatteis: Hi, Josh. Josh Goodbaum: Hi, Amanda. What are we gonna talk about today? DeMatteis: Well, I had a potential client come in to see me that had a […]

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Amanda DeMatteis: Hi, Josh.

Josh Goodbaum: Hi, Amanda. What are we gonna talk about today?

DeMatteis: Well, I had a potential client come in to see me that had a diagnosis of dementia, and they wanted to know what they needed to tell their employer and when. And, you know, it’s funny – we think about these diagnoses of dementia or other memory impairment conditions, and we think, “Well, these are things that affect people later in life, maybe outside of their working years.” But that’s not really the case.

So, I thought we could talk to our Connecticut viewers about what they should do if they receive a rather troubling health diagnosis like dementia or something else. What do they need to tell their employer? When do they need to tell their employer? Can you offer some insight on that?

Goodbaum: Of course. The first question that I think most clients have in this situation is: “Do I have to tell my employer about my new disability?” That’s an easy question – the answer is no. You have no legal obligation to tell your employer about your health status or your newly diagnosed disability. And indeed, with limited exceptions, your employer can’t ask you about whether you have a disability. Your private health information is private.

But a lot of clients have a second question that I think is more difficult and that’s: “Should I tell my employer?” Of course, you’re free to tell your employer if you have a disability. Some people are afraid that their employer might discriminate against them or retaliate against them, and that is certainly something we see. But that’s hopefully by far the minority of the reactions of most employers. I hope most employers want to work with their employees to try to help them figure out how they can do their jobs despite their disability.

So, I think you might ask yourself these two questions. Number one: “Can your disability affect your ability to do your job?” And number two: “Do you need or want anything from your employer related to your disability?” If the answer to both those questions is no – “No, my disability is not going to affect my work,” and “No, I don’t need anything right now,” – then I think you’ve answered your own question. “Should I tell my employer?” Well, it doesn’t seem like there’s a reason to. But if the answer to either of those questions is yes, I think you might want to have a conversation with your employer.

So, whether your new diagnosis of dementia, for example, is going to affect your ability to do your job is going to depend on what your job is, right? If you’re a registered nurse and you’re forgetting what patients asked you for, what their medications are, or are forgetting to check on patients, that’s obviously a very big deal, and I’m sure that you are a responsible person and you want to make sure you’re doing your job effectively.

And if you’re looking for something from your employer – like either a leave to address some medical issues, which may not be as much the case with dementia as it would be with some other more temporary disabilities, or you’re looking for some sort of accommodation from your employer – for example, “You know I’m a registered nurse but I’m hoping now I could work at the front desk or I could answer family calls rather than doing direct patient care” – you can imagine all the permutations of that. It’s really gonna be very employee-specific and employer-specific. Then that’s something you might wanna bring to your employer.

We’ve done other videos about how to ask for a reasonable accommodation if you have a disability, and I encourage folks to look those up. But in general, if you’re gonna ask for an accommodation for a disability, your employer has a right to know what the disability is and the right to work with you to try to find an accommodation that will help you do your job in a way that’s the sort of least restrictive or least costly for the employer.

So, do you have to tell your employer? No. Should you tell your employer? That’s really going to depend on what job you have, what stage of your healthcare journey you’re on, and your own personal feelings about how much you wanna work, how long you wanna work, etc., and those are really personal decisions that an employment lawyer might be a good resource to discuss with.

DeMatteis: Thanks, Josh. I think that’s super helpful for people already dealing with a tough time in their life.

Two things that we’ve talked about in other videos that I wanna highlight here: Number one, if you do need something – you make the decision of “Yes, I’m gonna tell my employer and I’m gonna request something” – think about doing that in writing. You want to make sure this is a serious communication that you’re having at work. This is an important communication that you’re having at work. We would absolutely recommend that maybe you have a verbal conversation first and then put a short summary of that conversation in writing to your boss or HR, whomever you spoke to.

And the second one is: whenever we’re talking about a disability at work, there’s a lot of different laws that are triggered, right? We have the Connecticut Fair Employment Practices Act. We have the Americans with Disabilities Act. We also have FMLA – remember that you might be entitled to protected time off from work. You might have a short-term disability policy that you could tap into.

So, if you find yourself in a position where you’ve just been recently diagnosed with something, there are a lot of protections under both state and federal law. So, it might be in your best interest to reach out, set up a consultation, and understand what all those rights are so to kind of help you through this otherwise difficult process.

Goodbaum: Really good advice, Amanda. Glad you jumped in with some more there. Hope that’s helpful to everybody watching, and we’ll see you next time. Thanks so much.

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Employee Best Practices: Put It In Writing https://garrisonlaw.com/employee-best-practices-put-it-in-writing/ Wed, 28 Feb 2024 17:31:06 +0000 https://garrisonlaw.com/?p=3157 Amanda DeMatteis: Hi, Josh. Josh Goodbaum: Hi, Amanda. What are we talking about today? DeMatteis: Well, we’ve done a few videos in the past about employees coming to us saying, […]

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Amanda DeMatteis: Hi, Josh.

Josh Goodbaum: Hi, Amanda. What are we talking about today?

DeMatteis: Well, we’ve done a few videos in the past about employees coming to us saying, “Hey, you know, I got called in for a coaching session with my boss, and I’m not sure how this is going to go. Should I record it?” And we’ve done videos about when you should record, when you shouldn’t record, what the lay of the land is on the law in Connecticut.

But another one that does come up is maybe an employee gets called in for coaching of some kind or just has a conversation that they’re not feeling quite settled about and they’ll say to us, “Hey, should I put this in writing? Should I put something about this exchange that may have rubbed me the wrong way or may have felt important in one way or another in writing?”

We get this question a lot. Tell us what you tell a potential client that comes to talk to you about this.

Goodbaum: Yeah, I think the answer to this one is easier than the answer about recording because the answer to “Should I put it in writing?” is YES. Anything worth saying to your employer is worth putting in writing. Why? Because there might be a question later about who said what, and there can’t be a doubt about what’s in a contemporaneous email. This is true all the way through the employment relationship.

So, think about a situation where there’s some real tension, as you said. Maybe you’ve been put on a performance improvement plan. Maybe you think you’re being subjected to discrimination or retaliation of some kind. If you’re gonna go to HR and tell somebody about that – “Hey, I think I’m being treated differently because of my disability, my sex, my race, whatever” – it’s worth following up with an email. And you can tell the person you’re complaining to, “Hey, here’s what I want to say to you, and I’m gonna follow up with you with an email.” And in that email, you want to say, “Hey, just wanna memorialize what I said in this conversation. If I didn’t express this clearly or you have any questions, let me know.” That way, it’s quite clear in the written record what you said if ever there’s a question about it.

It’s true likewise if you have an employment contract that requires you to give notice that you’re going to leave. If you’re going to leave, don’t just tell your employer verbally you’re gonna leave. Maybe they didn’t hear you. Maybe they’ll disagree that you gave that notice. Follow up with an email: “Hey, I’ve given you notice that my last day here at ABC Department Store is going to be December 31st.”

It’s true likewise on the way into an employment relationship. I can’t tell you how many people – this is more true of executives – are negotiating an individual employment agreement and maybe the employer has said, “Oh, yeah! I mean, if it doesn’t work out, we’re going to pay you a severance.” Well, does the employment agreement say that? If not, it’s worth putting in writing. Right? Otherwise, you can’t rely on that promise from them.

Maybe you’ve got some sort of dispute about a non-compete or other restrictive covenant and your new employer says, “Oh, if you get sued, we’re gonna defend you. We’re gonna pay for your lawyer.” Fantastic! Let’s put that in writing. Anything worth saying between an employer and an employee is worth putting in writing, and you as the employee wanna make sure that you are documenting, just in case.

As lawyers, we’re in the risk management business, right? It’s sort of our job to see the worst way things can go. So, we’re prone to be just maybe a little bit paranoid, but paranoid doesn’t necessarily hurt. And it’s often a good idea to think, “If this goes sideways, what kind of documentation am I gonna want to show that we had an agreement, that we had an understanding back when we had the conversation?”

DeMatteis: Yes, this is great advice and we really get this question a lot. I have one follow-up question for you, Josh, cause this just came up recently with a client that I was working with. Their employer said to them regarding a performance improvement plan, “If you have any other questions about this, don’t put it in writing – ask me verbally.” Does that change your advice at all?

Goodbaum: No, exactly the opposite. I think you should definitely put it in writing. In fact, in Connecticut, there is a reasonable argument that your action of putting a written complaint about your performance improvement plan into your personnel file is protected activity. And if your employer treats you differently because you have engaged in that objection, you might have a decent wrongful termination case.

So, just because your employer says, “Don’t put it in writing,” doesn’t mean you should follow their advice. In fact, think about the times when somebody says to you, “Let’s not put it in writing.” Usually something is a little bit sketchy about that situation.

DeMatteis: Absolutely. Thank you, Josh. Thank you for watching, and we’ll see you next time.

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Amanda DeMatteis and Meaghan Kirby Participate in the CBA’s Pregnant Workers Fairness Act Webinar https://garrisonlaw.com/amanda-dematteis-and-meaghan-kirby-participate-in-the-cbas-pregnant-workers-fairness-act-webinar/ Tue, 20 Feb 2024 22:42:28 +0000 https://garrisonlaw.com/?p=3142 On Tuesday, February 20, 2024, Garrison Law partner Amanda DeMatteis and associate Meaghan Kirby participated in the Connecticut Bar Association’s “Navigating the New Pregnant Workers Fairness Act” webinar, presented by […]

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On Tuesday, February 20, 2024, Garrison Law partner Amanda DeMatteis and associate Meaghan Kirby participated in the Connecticut Bar Association’s “Navigating the New Pregnant Workers Fairness Act” webinar, presented by the Young Lawyers Section as part of the Bridge the Gap Series.

Alongside attorneys Cindy Cieslak and Lauren Graham, Amanda and Meaghan discussed the history of workplace protections afforded to pregnant employees and how to navigate the rights provided by the new Pregnant Workers Fairness Act. They shared their insights on how the Equal Employment Opportunity Commission will implement and potentially regulate this law and how employers can ensure they are in compliance.

The Connecticut Bar Association Young Lawyers Section’s Bridge the Gap Series aims to assist individuals develop a well-rounded personal and professional skills tool kit as they transition from law student to seasoned practitioner.

Learn more here.

Amanda DeMatteis is a partner at Garrison Law who focuses her practice on discrimination, sexual harassment, wrongful termination, retaliation, non-competition and non-solicitation agreements, and contract disputes. She also represents clients in workplace injury claims and workers’ compensation cases.

Meaghan Kirby is an associate at Garrison Law and has experience representing and advising employees in matters involving claims of employment discrimination on the basis of age or disability, wrongful termination, non-competition and non-solicitation agreements, and employment contract disputes.

Cindy Cieslak is a partner at Rose Kallor LLP and focuses her practice on defending clients against discrimination, wage and hour violations, breach of contract, retaliation, and more in state and federal courts.

Lauren Graham is an associate at McElroy, Deutsch, Mulvaney & Carpenter LLP and practices within the firm’s Construction, Fidelity & Surety practice group.

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Can Your Political Beliefs and Actions Hurt You at Work? https://garrisonlaw.com/can-your-political-beliefs-and-actions-hurt-you-at-work/ Tue, 20 Feb 2024 20:09:37 +0000 https://garrisonlaw.com/?p=3150 Amanda DeMatteis: Hi, Josh. Josh Goodbaum: Hi, Amanda. What are we talking about today? DeMatteis: I thought we would talk about politics. Goodbaum: Uh oh. That can cause some trouble, […]

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Amanda DeMatteis: Hi, Josh.

Josh Goodbaum: Hi, Amanda. What are we talking about today?

DeMatteis: I thought we would talk about politics.

Goodbaum: Uh oh. That can cause some trouble, especially at work. So, what do you wanna say?

DeMatteis: It could cause trouble almost anywhere, but there’s a lot going on in the world and people wanna talk about it, right? Maybe it’s overturning Roe v. Wade. Maybe it’s what’s going on in Gaza. There’s just so much that people really care about, especially with an upcoming presidential election that has the country so divided. So, what if you talk about politics at work and maybe your boss doesn’t like it or a co-worker doesn’t like it? What rights do you have to express these opinions in the workplace?

Goodbaum: This is a great question, Amanda, because we have so much going on in our world today and we are so fortunate, as employees, to work in Connecticut because we have rights that lots of employees around the country don’t have.

For most employees around the country, they think of themselves as having First Amendment rights, but actually, as against their private employers – that is, their non-governmental employers – they probably have very few, if any rights. The First Amendment, remember, only applies as against the government. It doesn’t apply to your private employer. So, if your private employer in Florida, for example, wants to fire you for voting for Donald Trump or not voting for Donald Trump, you might be out of luck.

In Connecticut, though, that’s not the law. Because we have a statute called 31-51Q, and it says that an employer cannot discharge or discipline an employee on the basis of that employee’s exercise of certain constitutionally-protected rights, including the right to freedom of speech, unless that speech substantially or materially interferes with the employee’s performance of their bona fide job duties or the working relationship between the employee and the employer.

So, it might interfere if you’re talking about politics at work. But if you’re talking about politics on social media in your own time, or talking with friends and your employer learns about something that you privately believe or that you’re out on your town green advocating for on the weekends that has nothing to do with work, you almost certainly can’t be fired for or disciplined for that.

So, if you’re having a problem with your political beliefs not aligning with those beliefs of the company you work for or management in your company, it might be time to look up 31-51Q, and it might be time to talk with an employment lawyer because you do have rights in Connecticut.

DeMatteis: Great to know. It’s good to live in the Constitution State if you want to talk about politics at work. Thank you for watching, take care.

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Workers’ Compensation Coverage for PTSD https://garrisonlaw.com/workers-compensation-coverage-for-ptsd/ Tue, 13 Feb 2024 19:49:04 +0000 https://garrisonlaw.com/?p=3148 Josh Goodbaum: Hi, Amanda. Amanda DeMatteis: Hi, Josh. What are we gonna talk about today? Goodbaum: Well, I wanna talk about workers’ compensation. Because, in addition to being an outstanding […]

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Josh Goodbaum: Hi, Amanda.

Amanda DeMatteis: Hi, Josh. What are we gonna talk about today?

Goodbaum: Well, I wanna talk about workers’ compensation. Because, in addition to being an outstanding employment lawyer who represents employees, you are also an outstanding workers’ compensation lawyer who represents claimants – that is, people who are hurt on the job. And for those who don’t know, workers’ compensation is the system by which employees who get hurt on the job can receive compensation and also medical care related to their injuries.

And I understand there’s been an important change in the law of Connecticut with respect to employees who develop PTSD related to something that happens to them at work. So, tell us what PTSD is, and tell us what Connecticut employees need to know about these new rights that they have.

DeMatteis: Josh, this is an expansion of rights and it’s super important – just the type of news that we love to deliver in videos like this.

PTSD is Post-Traumatic Stress Disorder, and the amount of employees in Connecticut that had access to workers’ compensation benefits for post-traumatic stress disorder was really limited. You either had to be a first responder – think of a police officer, a firefighter, an EMT – or you had to be injured yourself and then develop post-traumatic stress disorder or some other type of mental illness from your own physical injury.

PA 23-35 expands that in two different ways. No. 1, nearly all employees who suffer from post-traumatic stress disorder may be covered under our workers’ compensation statutes. No. 2, it expands the type of event that an employee needs to witness in order to qualify for entitlements and protections under our Connecticut workers’ compensation statutes for post-traumatic stress disorder.

So, what are some of those new qualifying events that would now entitle you to workers’ compensation benefits? Really tragic stuff: viewing a deceased minor, witnessing the death of a person or an incident involving the death of a person, witnessing an injury to a person who subsequently dies before or upon admission at a hospital as a result of the injury, having physical contact with treating an injured person, carrying an injured person who subsequently dies before or upon admission at a hospital, and witnessing a traumatic physical injury that results in the loss of a vital body part or an organ.

Now, obviously, this is going to expand the coverage of our workers’ compensation entitlements to a lot of folks in the healthcare industry, which is wonderful because think of all those people who were treating the very sick through the COVID-19 pandemic that didn’t have access to this type of benefit under our workers’ compensation statutes. But also think of contractors working at a job site: maybe there’s an awful injury and someone gets pinned under a large piece of machinery and ultimately loses their life. The folks who witnessed that event now may qualify under this new and expanded law.

So, there are a lot of potential people that can be impacted by this and really benefit from it. So, this is the type of expansion, Josh, that we like to see in our law.

Goodbaum: So, if folks have something happen to them at work and they are really struggling – maybe they’ve got a diagnosis of PTSD or they just think something’s not right – that’s the time to go talk with a workers’ compensation lawyer, right, Amanda?

DeMatteis: Yeah, that’s absolutely right. Make the phone call and talk to a workers’ compensation lawyer about it. Let’s see if you qualify under this expanded law and hopefully get the benefits that you deserve.

Goodbaum: Awesome. Thank you so much for sharing that, Amanda, and thank you all for watching. We’ll see you next time.

DeMatteis: Take care.

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Nina Pirrotti Featured on an Episode of “From Lawyer to Employer” to Discuss Employment Law Trends https://garrisonlaw.com/nina-pirrotti-featured-on-an-episode-of-from-lawyer-to-employer-to-discuss-employment-law-trends/ Fri, 09 Feb 2024 18:50:03 +0000 https://garrisonlaw.com/?p=3133 Garrison Law Partner Nina Pirrotti was recently featured on an episode of “From Lawyer to Employer,” a Shipman podcast. Here, she joined host Daniel Schwartz to discuss recent developments in […]

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Garrison Law Partner Nina Pirrotti was recently featured on an episode of “From Lawyer to Employer,” a Shipman podcast. Here, she joined host Daniel Schwartz to discuss recent developments in employment law, dissecting the current state of non-disclosure agreements, non-competes, and offering a glimpse into the potential hot topics of 2024, including the ever-evolving realm of Artificial Intelligence.

When it comes to the ongoing discussion surrounding a potential ban on non-compete agreements, Nina states, “Over the years, [the state of Connecticut is] among the handful that come to the top and look at Equal Pay Act laws and make sure that employees are being treated fairly. I expect that we will be part of this movement that is going toward banning non-competes in their entirety, or at least when it is involuntary termination on the part of the employee. […] The FTC (Federal Trade Commission) estimated that a prohibition on non-competes would actually increase wages by 300 billion annually and expand career opportunities for over 30 million Americans. It’s hard to argue with those kind of statistics, Dan.”

As for artificial intelligence (AI), Nina discussed an act “concerning artificial intelligence, automated decision making, and personal data privacy, that essentially is proposing to establish an office of artificial intelligence in Connecticut […] it’s going to establish a task force [that will] study artificial intelligence and develop an artificial intelligence bill of rights.”

To learn more, listen to the full episode here.

Nina Pirrotti is a partner at Garrison Law who focuses her practice on representing individuals in employment and civil rights litigation and negotiation. She is well-versed in all aspects of employment law, including discrimination, sexual harassment, wrongful termination, retaliation, contract disputes, FMLA, wage violations, severance agreements, and whistleblower claims. She also advocates on behalf of students and faculty who have had their rights violated.

Dan Schwartz is a partner at Shipman & Goodwin LLP who focuses his practice on litigation in a variety of areas, including employment discrimination, FMLA, retaliation, whistleblowing, and more.

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The Super Bowl and Employment Law: Incentive Compensation on the Field and in the Office https://garrisonlaw.com/the-super-bowl-and-employment-law-incentive-compensation-on-the-field-and-in-the-office/ Mon, 05 Feb 2024 19:33:08 +0000 https://garrisonlaw.com/?p=3146 Josh Goodbaum: Hi, Amanda. Amanda DeMatteis: Hi, Josh. What are we gonna talk about today? Goodbaum: Well, I wanna talk about football because it is Super Bowl week. We’re gearing […]

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Josh Goodbaum: Hi, Amanda.

Amanda DeMatteis: Hi, Josh. What are we gonna talk about today?

Goodbaum: Well, I wanna talk about football because it is Super Bowl week. We’re gearing up for the 49ers and the Chiefs, and you know, we can’t help ourselves: we like to relate everything in our lives back to what we do, which is employment law.

Okay, these players on the 49ers and the Chiefs are probably getting a lot of money for what their teams have been able to accomplish. They get money for getting to the conference championship, they get money for winning the conference championship, they get money to get to the Super Bowl, and if they win the Super Bowl, it’s more money, plus a trip to the White House, probably.

So, obviously, not everybody is a professional athlete. But lots of employees in Connecticut and around the country do have incentive structures in their compensation. They might have certain benchmarks they need to hit to get more money; they might be working on commissions; and so I thought I would ask: What do employees need to know if they’ve got these different compensation structures that might look a little bit like professional football players, even if they’re only professional football players in their own minds?

DeMatteis: Yeah, it is a fun week, no matter whether you’re rooting for the teams, no matter if you’re just trying to see Taylor Swift on TV for a couple minutes. But this is an important question because folks in Connecticut, maybe on a little bit of a different scale, are also being paid incentive compensation, and there’s a few different ways that you can get paid that compensation.

The first is your own individual performance. Think about: “Amanda, you need to make 20 widgets. After you make 20 widgets, I’m going to pay you X.” So, as long as you hold up your end of the bargain and you make those 20 widgets, then your employer has to pay you whatever compensation that the two of you have agreed upon. Think about the Chiefs beating the Ravens last week, right, and becoming the AFC champions. They have met that requirement under their employment contract. They have been paid that amount of money for meeting that requirement. Done. Really nothing else to talk about.

But some incentive compensation, especially for employees in Connecticut, doesn’t only have to do with your own individual performance; it also has to do with the performance of the team, right? So maybe part of this compensation is: “Well, you need to reach X quota, Amanda, but so does the team. The team needs to sell X number of dollars in whatever it is the company is selling.” Well, then that pay is not only conditioned upon your individual performance, but it’s also conditioned maybe upon the performance of the company as a whole. This gets a little bit more tricky. There are a lot of different policies that employers have that say that, in order to receive that type of compensation, you need to be employed at the company at the time that bonus or that compensation is paid, and if you’re not, you’re no longer entitled to it.

So, think about how this plays out in practice. Maybe your fiscal or commission year is January 1st to December 31st. You’ve completed that year of work; you’ve done everything you needed to do to hold up your individual end of the bargain; and maybe the benchmarks in place for the employer have also been met. But that payment isn’t gonna be made until March 15th of the following year. Well, if you decide to quit on February 1st, you might be precluding yourself from being eligible for that payment that is supposed to be made on March 15th.

So, you have to be really, really careful when you’re gonna decide, “You know what? I’m gonna leave my current job to go to a different one.” The last thing you wanna do is leave any money on the table. So, before you make a quick decision, maybe chat with an employment lawyer and find out if there’s something you need to know before leaving one employer to go to the next so that you can get all of that money that the Chiefs and the 49ers are getting this week.

What do you think about that, Josh? Good advice?

Goodbaum: Well, I think you did well to bring it back to football, Amanda. It’s always fun talking to you. I never know if this is actually useful to anybody, but I hope it is, and I hope all of you enjoy watching the game this weekend. Take it easy.

DeMatteis: We’ll see you.

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You Are Taking on Additional Responsibilities at Work but Not Being Paid for It. What Should You Do? https://garrisonlaw.com/you-are-taking-on-additional-responsibilities-at-work-but-not-being-paid-for-it-what-should-you-do/ Wed, 31 Jan 2024 17:56:11 +0000 https://garrisonlaw.com/?p=3140 Amanda DeMatteis: Hi, Josh. Josh Goodbaum: Hi, Amanda. What are we talking about today? DeMatteis: I thought we would talk about something that could impact really all levels of employees […]

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Amanda DeMatteis: Hi, Josh.

Josh Goodbaum: Hi, Amanda. What are we talking about today?

DeMatteis: I thought we would talk about something that could impact really all levels of employees – from hourly workers all the way up to executives. Let’s say you’re at work and you take on more job responsibilities. But you’re not getting paid for those additional responsibilities. You’re just doing them. Do you have any recourse?

Goodbaum: I think your recourse is in negotiation, not in the law. The law doesn’t say, “If you do 20% more work, you should get 20% more pay.” If you’re taking on more job duties but you’re an hourly worker and you’re not actually working any more hours, you’re not entitled to any more pay. And if you’re a salaried employee, you’re not entitled to any more pay either. Your salary – assuming you’re correctly exempt under our overtime laws – covers however much you work, however many or few your hours are.

So, your recourse is to go to your employer and say, “Hey, I’m doing more work. Can‘t you pay me more for it?” And if your employer says, “No,” frankly then your recourse is to find a new job, assuming you’re an at-will employee.

DeMatteis: Let’s change the hypothetical around a little bit and say that your employer comes to you and says, “Hey, Josh. I really want you to pick up X.” Maybe it’s management of a new department; maybe it’s taking on more direct reports; maybe it’s taking on a completely additional role because there’s a restructuring going on. They say, “Listen, we’re gonna pay you some more money, but we’re gonna work it out. Let’s keep talking and let’s work it out.” What should you do as that employee in a situation where you’re being told you’re gonna get paid for this but you’re being asked to take on more work right now?

Goodbaum: Well, recognize that you’re in a really tricky and pivotal situation here if you’re this employee. Because what your employer wants – if they’re not operating in good faith – is for you to start doing this job and then they’re just going to string you along for a while. They might do that intentionally, or they might just do it because out of sight out of mind and they don’t get around to thinking about it.

So, what you need to do is to use this opportunity to negotiate now. The most leverage you have is when they’re asking you to do something. Once you start doing it, you’re losing your leverage every time you do it. If you are providing that labor essentially for free, then you’re not taking advantage of the leverage you have.

Now, imagine how this plays out in practice.

Let’s say you start doing the new work. You say, “Okay, I believe you. Thanks so much. Let me start doing this new job.” A few weeks or months go by, and you say, “Hey, boss. We didn’t figure out a new compensation scheme,” and your boss says, “Okay, let’s talk about it now,” or maybe your boss says, “Yeah, I’m trying to get around to it.”

Let’s say you reach an agreement. What if your boss doesn’t agree to make it retroactive to the time you picked up those new duties? You don’t have any legal recourse on the basis of that because – remember – you don’t have a right to be paid more for additional job duties.

Let’s say you and your boss can’t reach an agreement and you really come to an impasse and now have a decision to make of: “Okay, I either keep doing this job that’s more job than I originally agreed to, or I find somewhere else to work.”

So, the time to get this done is when your employer comes to you in the lurch, frankly, and says, “We need you to do more,” and you say, “Okay, let’s talk about the compensation structure of that right now and then” – and this is pivotal, Amanda – “let’s put it in writing, let’s memorialize. So, I’m gonna send you an email just to make sure I understood what you said. And you write back to me and say, ‘Yes, that is our agreement.’”

You don’t need a compensation structure to be in a formal written document. It doesn’t need to be an employment agreement. But the best practice is to have it written down somewhere so that in the (hopefully unlikely) event that there’s a dispute about it in the future, everybody can look back at that document and remember what they agreed to.

DeMatteis: That is so true in almost all areas of employment law. If you have an important conversation at work and it’s just a conversation, don’t be afraid to send your supervisor a follow-up email and say, “Hey, we just talked about such and such, and here is what I understood you to be telling me,” and put it in writing, because the one thing it can’t do is hurt you going forward.

Really great advice. Thank you, Josh, and thank you so much for watching. Take care.

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Can You Be Fired Because You Were the Victim of a Crime? https://garrisonlaw.com/can-you-be-fired-because-you-were-the-victim-of-a-crime/ Wed, 24 Jan 2024 17:45:58 +0000 https://garrisonlaw.com/?p=3138 Amanda DeMatteis: Hi, Josh. Josh Goodbaum: Hi, Amanda. What are we talking about today? DeMatteis: I thought we would talk about a potential client that comes in to see you […]

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Amanda DeMatteis: Hi, Josh.

Josh Goodbaum: Hi, Amanda. What are we talking about today?

DeMatteis: I thought we would talk about a potential client that comes in to see you and says, “Hey, I got fired from my job because my company car got stolen on my watch and my employer turns around and terminates me. I didn’t do anything wrong. Do I have a clause of action against my employer for terminating me because my company vehicle was stolen?”

Goodbaum: Probably not. You say you didn’t do anything wrong – you weren’t negligent in any way – but your employer might disagree. Maybe you left the keys in the car. Maybe you left the door unlocked. Certainly, your employer can fire you – and I think with decent reason – if you haven’t taken appropriate measures to safeguard the car that they entrusted to you.

But I think you’re asking a broader question, which is: “I’ve been the victim of a crime. Can I be fired for that?” And the answer is: it’s a little bit unclear, but probably sometimes yes, sometimes no.

There’s a Connecticut statute that’s on point. It’s at section 54-85b of the General Statutes. And what it says is that you can’t be fired from your job or otherwise penalized because you have reported a crime to the police or because you’ve assisted in an investigation or because you’ve been a victim of what’s called a “crime of family violence” – think about domestic violence, spousal violence, the violation of a restraining order by somebody else. But implicit in the idea that you can’t be fired because you’re a victim of a crime of family violence is the idea that you’re not protected if you’re a victim of some other kind of crime.

So, if your employer fires you and says, “Hey, we’re not firing you because you were the victim of a crime. We’re firing you because you got the police involved and we didn’t want the police involved,” then I think you’ve got a claim. It’s always protected to go to the police and report a crime. But, if your employer just says, “You reported your car stolen – your company car stolen – and we don’t think you did a good job guarding it, or we just don’t think you took appropriate measures to safeguard the car,” then I think you’re probably out of luck.

But have a look at section 54-85b – that might provide some recourse. And don’t hesitate to talk to an employment lawyer. It certainly can’t hurt.

DeMatteis: Thanks very much, Josh. And thank you for watching. Take care.

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Nina Pirrotti Quoted in Law360 Article on the Harassment of Public-Facing Employees https://garrisonlaw.com/nina-pirrotti-quoted-in-law360-article-on-the-harassment-of-public-facing-employees/ Fri, 19 Jan 2024 19:23:26 +0000 https://garrisonlaw.com/?p=3105 Garrison Law partner Nina Pirrotti was recently quoted in a Law360 article about the increasing harassment of public-facing employees. The article, entitled “3 Tips To Help Protect Workers From An […]

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Garrison Law partner Nina Pirrotti was recently quoted in a Law360 article about the increasing harassment of public-facing employees.

The article, entitled “3 Tips To Help Protect Workers From An Ill-Behaved Public,” discusses the increased harassment of public-facing employees and how to combat it as workers are protected “against unlawful harassment by non-employees, such as independent contractors, customers, students, hospital patients and nursing home residents, and clients of the employer” under federal law.

As quoted in the article, Nina highlights that though federal law protects employees from mistreatment by customers, the idea that harassment can come from parties other than coworkers or employers is not yet ingrained, stating, “By 2024, employers have a much better handle on navigating harassment that occurs from within, […] as far as conduct by customers, I think that is an area where employers need to place more emphasis.”

Additionally, not all public-facing employees experience the same level of harassment. For example, workers in industries that serve alcohol could ‘reasonably anticipate a pattern of behaviors that comes along with intoxicated customers.’ Nina shares that, “There are some establishments that are more vulnerable to this happening than others. And there is a duty to protect the worker.”

You can read the full article here.

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How Can Employees Get Paid While They’re on FMLA Leave? https://garrisonlaw.com/how-can-employees-get-paid-while-theyre-on-fmla-leave/ Wed, 17 Jan 2024 14:56:29 +0000 https://garrisonlaw.com/?p=3111 Josh Goodbaum: Hi, Amanda. Amanda DeMatteis: Hi, Josh. Nice shirt! Goodbaum: Haha. Yeah, we’re twins. But, what are we talking about? DeMatteis: What are we gonna talk about? You tell […]

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Josh Goodbaum: Hi, Amanda.

Amanda DeMatteis: Hi, Josh. Nice shirt!

Goodbaum: Haha. Yeah, we’re twins. But, what are we talking about?

DeMatteis: What are we gonna talk about? You tell me.

Goodbaum: Alright. So, we talk a lot about the FMLA, and as folks who watch our videos know by now, the FMLA is unpaid leave. It is job-protected leave, but your employer doesn’t have to pay you while you’re on FMLA leave. So, for a lot of people, that’s a big problem. And the question then is, “Well, can I take FMLA leave and still get paid?” There are a few ways to do that. So, tell the folks about how they might get paid while they’re taking FMLA leave.

DeMatteis: Yeah, there’s a few ways to do that.

The first is CT Paid Leave, which is this wonderful resource that Connecticut employees have. It’s really, really easy to do. You open up Google or any other search engine and just type in ‘CT paid leave.’ It’s gonna bring you to their website; it’ll walk you through exactly how you apply, what you need to do, what your employer needs to do, and that could provide you with some compensation while you’re out on FMLA leave. So, really great resource – use it. If you have questions, ask an employment lawyer about it.

Another way is banked time that you have at work. Maybe you have some sick time or some PTO – whether that be vacation time or personal time – that you have available to you. You can use that contemporaneously with your FMLA leave, and that could provide you with some compensation while you are out recovering from your own health condition or taking care of a family member that is sick and needs your attention during that time.

The third way – and this only applies when it’s your serious health condition that’s keeping you out of work – is maybe you have a short-term disability policy that’s available to you. And if you do, you might be able to apply for benefits under that policy and get paid. Now, it’s often not 100% of your wages, but hey, when you’re out of work and you’re recovering from some type of health issue, anything is better than nothing. You want to talk to your employer about whether there’s a short-term disability policy available to you, apply for those benefits, start receiving that compensation, and that may be a way to bridge the gap while you’re getting yourself ready to go back to work.

So, there are options, and the best way is: ask your employer. Your employer might be able to provide you with this information. If you’re not getting the information that you need from your employer, call an employment lawyer and let us guide you in the right direction to help you through this troubling time.

Goodbaum: Great information. Thanks so much, Amanda, and thanks to you all for watching. Take care!

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Joe Garrison to Receive the Connecticut Bar Association’s Edward F. Hennessey Professionalism Award https://garrisonlaw.com/joe-garrison-to-receive-the-connecticut-bar-associations-edward-f-hennessey-professionalism-award/ Fri, 12 Jan 2024 22:00:32 +0000 https://garrisonlaw.com/?p=3100 Garrison Law is incredibly proud to announce that our founding partner Joe Garrison has been selected to receive the Connecticut Bar Association’s Edward F. Hennessey Professionalism Award for 2024. Each […]

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Garrison Law is incredibly proud to announce that our founding partner Joe Garrison has been selected to receive the Connecticut Bar Association’s Edward F. Hennessey Professionalism Award for 2024. Each year, this distinguished honor recognizes a single member of the Connecticut Bar Association who has manifested a dedication to the highest ideals and standards of the legal profession by demonstrating significant integrity, character, competence, ethics, civility, and mentoring throughout their career.

Over the course of his 50+ year career, Joe has received virtually every award and honor available to a trial lawyer. Each and every day, we at Garrison Law are inspired by his commitment to upholding the values of employee representation and to improving the practice of law in Connecticut and across the country.

Congratulations on this lifetime achievement, Joe!

All of the CBA’s 2024 awardees will be honored at the Celebrate with the Stars awards dinner on Wednesday, April 3, 2024.

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Josh Goodbaum Quoted in New Haven Independent Article on Severance Agreements https://garrisonlaw.com/josh-goodbaum-quoted-in-new-haven-independent-article-on-severance-agreements/ Thu, 11 Jan 2024 22:44:31 +0000 https://garrisonlaw.com/?p=3084 Garrison Law partner Josh Goodbaum was recently quoted in a New Haven Independent article about a local severance agreement dispute involving the use of non-disparagement and non-disclosure clauses. The article, […]

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Garrison Law partner Josh Goodbaum was recently quoted in a New Haven Independent article about a local severance agreement dispute involving the use of non-disparagement and non-disclosure clauses.

The article, entitled “Worker-‘Owner’ Won’t Shut Up For Severance,” discusses the concerns of several employees of New Haven’s Artist & Craftsman Supply store after they each received a severance offer that would require them to sign away their right to disparage the company or disclose the terms of the agreement. One employee argued that the offer was unlawful under the decision of the National Labor Relations Board (NLRB) in the McLaren Macomb case.

Josh agreed. That decision, he said, “prohibits non-disparagement or non-disclosure clauses in separation agreements [for these non-supervisory workers]. Is that the final word on this subject?,” he added. “Nobody knows yet. The law could be tested in the federal courts.”

You can read the full article here.

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Can an Employee Be Fired for Giving Notice of Resignation? https://garrisonlaw.com/can-an-employee-be-fired-for-giving-notice-of-resignation/ Wed, 10 Jan 2024 14:40:35 +0000 https://garrisonlaw.com/?p=3109 Amanda DeMatteis: Hi, Josh. Josh Goodbaum: Hi, Amanda. What are we talking about today? DeMatteis: I thought we would talk about a question that I get really frequently: Someone comes […]

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Amanda DeMatteis: Hi, Josh.

Josh Goodbaum: Hi, Amanda. What are we talking about today?

DeMatteis: I thought we would talk about a question that I get really frequently: Someone comes in to see me and they say, “Amanda, I want to leave my employer. I want to do the right thing by them. I gave them two weeks’ notice. I was willing to stay on for the two weeks, and instead, they said, ‘No thanks,’ and they showed me the door. Can I sue them for not keeping me employed and paying me for those two weeks?”

What do you think?

Goodbaum: Probably not successfully. If you’re an at-will employee, you don’t have a right to your job. You can be terminated at any time for any reason or no reason at all, and your employer can terminate you because you’ve said you want to work somewhere else. Now, that doesn’t seem fair; it seems like your employer should be thanking you for giving two weeks’ notice. You wanted to do the right thing; you wanted to give them the ability to transition; you wanted to finish up your assignments; you didn’t want to leave them in the lurch. You were doing the right thing – they’re not.

But unfortunately, the law doesn’t always do what’s fair, and so in this situation where you give two weeks’ notice and your employer says, “Yeah, you’re not gonna be allowed to work those two weeks,” I don’t think you have any legal recourse. Not fair, but not illegal.

DeMatteis: Let’s change up the hypothetical a little bit, and let’s say that this potential client was not an employee-at-will. Instead, they had an employment contract that required them to give six months’ notice to their employer if they decided they were going to leave. So, this person goes to their employer and says, “Hey, I’m giving you my intent to resign. I’m giving you my six months’ notice,” and then the employer says, “Nope, we’re not paying you anything. You’re out the door.”

Could that potential client sue their employer?

Goodbaum: Yeah, I think so. Now, contract claims are always gonna be based on the actual language of the contract. So, we need to look at the contract, see what it says, see what it promises to either party. But assuming the contract looks like most do and it simply says to the employee, “Hey, if you’re gonna leave, you’ve got to give us six months’ or 180 days’ notice,” and you give that notice, you’re complying with the intent of the contract. And then if your employer tries not to allow you to work that notice or, more importantly, decides not to compensate you for that notice period, I think you’ve got a good claim for a breach of contract and potentially some other associated claims – maybe it’s a breach of the implied covenant of good faith and fair dealing.

If you’re in a situation where you have a contractual obligation to provide a notice period and your employer doesn’t let you work that notice period or doesn’t compensate you for that notice period where you’re doing everything you can to comply with your contractual obligations, then it’s time to go talk with an employment lawyer.

DeMatteis: Makes a lot of sense. Thank you so much, and thank you for watching. We’ll see you next time.

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