DISCHARGE AND DISCIPLINE

As a general rule, an employee who is hired for an indefinite period of time can be terminated at the will of the employer, with or without cause, unless an employee is covered by an employment contract or a collective bargaining agreement.  Likewise, an employee is free to quit at any time for any particular reason. 

However, it is important to know, at both the federal and state levels, laws have been enacted to “carve out” protections for employees from the “at-will” doctrine.  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:

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

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

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

·        Serving on jury duty;

·        Exercising your rights under the Connecticut Workers Compensation Act;

·        Exercising your rights under the Connecticut Compensation Act;

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

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

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

·        Exercising your rights to information regarding toxic substances;

·        Filing an Occupational safety and health complaint;

·        Exercising your right NOT to take a polygraph test;

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

·        Smoking;

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

·        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:

• Refusing to commit illegal or unethical acts

• Refusing to falsify records

• Disclosure of price fixing activity

• Disclosure of activities harming the environment.

In addition to the above, Connecticut Courts have placed restrictions on employers where a contract is implied from the existence of written documents, such as a personnel policy manual or from oral statements made by the employer's representatives.

Content Copyright 2008 Axelrod & Associates, LLC