Wrongful Discharge

 Connecticut is an at-will employment state.  That means that, generally, absent an employment contract (express or implied) or a collective bargaining agreement, an employee who is hired for an indefinite period of time can be terminated at the will of the employer, with or without cause.  An at-will employee is also free to quit at any time and for any reason. 

·        At-will employment does not mean that employees are completely unprotected from wrongful discharge.  Exceptions to the at-will employment doctrine have been carved out by state and federal laws to limit employers right to terminate employees for engaging in a statutorily protected activity or for violation of important public policies.

·        In Connecticut, there are laws, which specifically prohibit an employer from discharging or disciplining an employee, commonly known as "retaliation" statutes.  These statutes make it unlawful for employers to discharge or discipline employees who engage in the following activities, among others:

o       Reporting violations or suspected violations by their employer, also called “Whistle blowing”;

o       Exercising an employees right to his/her Constitutional rights, such as freedom of religion, or freedom of speech;

o       Forming, joining or assisting any labor organization for purpose of collective bargaining;

o       Serving on jury duty;

o       Exercising your rights under the Connecticut Workers Compensation Act;

o       Exercising your rights under the Connecticut Compensation Act;

o       Filing for oneself or participating in a complaint of discriminatory treatment before the Connecticut Commission on Human Rights and Opportunities (CCHRO);

o       Exercising your rights under the Connecticut Wage and Hour laws or filing a complaint with the Labor Commissioner;

o       Having your wages garnished (up to a maximum of seven times) due to a court order;

o       Exercising your rights to information regarding toxic substances;

o       Filing an Occupational safety and health complaint;

o       Exercising your right NOT to take a polygraph test;

o       Exercising your rights under Connecticut's Family and Medical Leave Act;

o       Smoking;

o       Refusing in good faith to be exposed to hazardous conditions or alerting other co-workers; and

o       Family Medical Leave Act (FMLA).

·        Connecticut's "Public Policy" laws provide an exception to the employer's right to terminate an employee.  Under this Policy, the discharge of an employee is in violation of the Public Policy if the employee is terminated for the following reasons:

o       Refusing to commit illegal or unethical acts;

o       Refusing to falsify records;

o       Disclosure of price fixing activity;

o       Disclosure of activities harming the environment.

·        Our attorneys have extensive experience in determining the existence of facts supporting a wrongful discharge situation.  Our attorneys have litigated these violations extensively at state, federal and administrative forums.  Your time for remedy is limited under the law. 
Contact our office for a consultation.

Content Copyright 2008 Axelrod & Associates, LLC