Employment Law in Connecticut Text Size:

Pre-employment/Promotion

Hiring

Under federal law, an employer doesn't have to hire, or promote, the most qualified applicant. But the employer cannot base decisions on personal characteristics that are not job-related. These characteristics often include:

• Age
• Race
• Sex
• Religion
• National origin
• Disability

An interviewer isn't allowed to ask questions relating to these characteristics. Interview questions that aren't allowed include:

• Are you married? Are you planning to get married?
• Do you have children? Are you planning to have children?
• Where were you born?
• What's your sexual orientation?
• Have you ever been arrested?

An interviewer can, however, ask about a personal characteristic if it could hinder your ability to fulfill the job's requirements. Some examples might be:

• Have you ever been convicted of a crime?
• Can you prove that you are eligible to work in the US?
• Can you do this job with, or without, reasonable accommodations?

References

A previous employer is free to provide any non-confidential information about a previous employee, as long as it's true and isn't provided to maliciously harm the employee. An employer, who provides false information that disparages the employee, may be liable for defamation. In order to avoid potential liability, many employers often refuse to comment on a past employee's job performance and confirm only dates of hire and separation, plus wage or salary information.

Employment

At Will

At Will: In the majority of states, employees not working under an employment contract are deemed to be "at will." Connecticut is an at-will-employment state. At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

Connecticut law allows an at-will employee to sue for unlawful termination under two circumstances. One circumstance is when the discharge is against public policy. The other circumstance is when an employer agreed, either by words, action or conduct, to not terminate the employee without just cause.

Employee Handbooks

While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. An employee handbook also provides more convenient access by employees and managers.

At a minimum, an employee handbook should include:

• A statement regarding the at-will employment relationship
• An equal employment opportunity statement
• A policy regarding sexual and other types of harassment in the workplace
• Internet access, e-mail, and voice mail policies
• The Family Medical Leave Act

In Connecticut, language contained in an employee handbook can create an implied contract that may alter the status of an employee's relationship with his or her employer and create obligations for the employer that the employer may not have intended to create.

Workplace Safety

Federal and state laws require that most employers furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. In most instances, an employee may anonymously complain about an unsafe work environment and be protected against employer reprisals.

The Connecticut Department of Labor's Division of Occupational Safety and Health is referred to as CONN-OSHA. CONN-OSHA administers Connecticut's Public Employer Only State Plan and enforces state occupational safety and health regulations as they apply to all state and municipal employees.

For more information see the Occupational Safety and Health Web site.

Workplace Injury

Workers' compensation laws are designed to compensate employees who have been injured or killed in work related accidents according to a fixed monetary scheme, without having to resort to litigation. Dependents of a fatally injured employee may also be entitled to benefits. Employers may be protected by limits placed on the amount of an employee's recovery.

The Connecticut Workers' Compensation System covers almost all employees and is a no-fault system of insurance in which private insurers or self-insured employers pay benefits to an injured employee, even if the accident was the employee's fault or the employee was born with a medical condition which predisposed him or her to the injury or increased its severity. The Connecticut Workers' Compensation System is designed to help workers injured on the job or workers with an occupational disease by providing all necessary medical treatment, weekly benefits while disabled, vocational rehabilitation and additional benefits for scarring, disfigurement and permanent physical impairment.

For more information visit the Workers' Compensation Commission Web site.

Sexual Harassment

An employer may be liable to an employee for instances of "sexual harassment," which can include unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. The following conduct is generally considered sexual harassment:

• Direct sexual conduct-an employer makes sexual advances or statements
• "Quid pro quo" -job-related benefits are offered in exchange for sexual conduct
• Hostile work environment-an employer maintains an overly sexual work environment

Discrimination and Wrongful Termination

Employers are not allowed to terminate or discriminate against employees for the following reasons:

• Age
• Race
• Sex
• Religion
• National origin
• Disability
• Pregnancy

It's illegal for an employer to consider these characteristics with regard to:

• Promotions
• Job assignments
• Termination
• Wages

And it's illegal for an employer to terminate an employee:

• For refusing to break a law
• In retaliation for filing a discrimination or safety claim
• For taking leave under the Family and Medical Leave Act
• Without following its own stated procedure or policy
• For reasons not contained in the employment contract, if one exists

Family and Medical Leave

The Family Medical Leave Act (FMLA) provides 12 weeks of unpaid leave to qualifying employees who need time off from work to care for their own or an immediate family member's serious health condition. This allows for continued medical benefits and restoration of their original position upon return. An employee is eligible when they:

• Have worked for the same employer for the previous 12 months
• Have worked at least 1,250 hours in the previous 12 months
• Are employed by a "covered" employer, which is:
• All federal, state, and local governments and agencies
• Private employers with 50 or more employees for 20 weeks in the calendar year and engaged in interstate commerce

An injury or illness qualifies as a "serious health condition" if it either requires an overnight stay in a medical facility or constitutes "continuing treatment" by a health-care provider. Continuing treatment requires either the employee's incapacity for more than three calendar days and at least two subsequent treatments, or treatment by a health-care provider that results in continuing supervised treatment.

Connecticut State FMLA requires most private sector employers with 75 or more employees to provide unpaid leaves to their employees under specified circumstances.

Post-employment

Unemployment Benefits

Unemployment benefits are based on combinations of federal and state statutes. Unemployment compensation programs are administered by the state and normally provide monetary compensation to workers who have been terminated without cause, through no fault of their own. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits. Generally, the maximum number of weeks of regular benefits payable is 26.

COBRA

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), employees may be allowed to continue their health insurance benefits, at the employee's expense, for up to 18 months after either voluntary or involuntary termination, if the employer has 20 or more employees.

To qualify for COBRA continuation coverage, an employee must have a qualifying event that causes the employee to lose group health coverage. The following are qualifying events:

For employees

• Voluntary or involuntary termination of employment for reasons other than gross misconduct
• Reduction in numbers of hours worked

For spouses

• Loss of coverage by the employee because of one of the qualifying events listed above
• Covered employee becomes eligible for Medicare
• Divorce or legal separation of the covered employee
• Death of the covered employee

For dependent children

• Loss of coverage because of any of the qualifying events listed for spouses
• Loss of status as a dependent child under the plan rules

Related Resources

Employment Law for Employees for more help