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PRACTICE

AREAS

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DISCRIMINATION

Connecticut employers may not discriminate against an employee on the basis of race, gender, age, disability, religion, national origin, sex, marital status, pregnancy, sexual orientation, gender expression, gender identity or other protected categories. But employment discrimination laws are complicated, with restrictive jurisdictional requirements, filing deadlines If you work in the Greater Hartford area and believe you have been discriminated against at work, Andrew can explain your options, the relevant legal requirements, and help you determine your best coursewhether to leave your job, submit an internal complaint, or initiate formal legal action, to name just a few. No matter the path, Andrew will provide expert counsel and fight to ensure your individual rights are being fully protected.

SEXUAL HARRASSMENT

Sexual harassment can occur in many forms, from inappropriate touching and requests for sexual favors, to crude and offensive jokes and comments. A harasser could be a supervisor, a co-worker or non-employee, and both women and men can be sexual harassment victims. If you have suffered sexual harassment, Andrew can help you take appropriate actions, ranging from seeking relief informally through your employer, to obtaining a harassment prevention order, to initiating formal legal action.

EMPLOYMENT AGREEMENTS

Employment agreements, such as contracts of employment, waivers or releases of rights, severance agreements, non-competition agreements, non-solicitation agreements, etc., can be extremely complex, technical and difficult to decipher, as well as overwhelming and daunting given their potential impact on your current and future rights. Andrew will review your agreement, explain to you in understandable terms the pertinent provisions, ensure that your rights are being protected, and advise you on your best options moving forward. In some situations where separation from employment is the most appropriate outcome, Andrew can negotiate with your employer. or with your employer's attorney, seeking to maximize your severance benefits.

OVERTIME & WAGE ISSUES

Most employees are "non-exempt" from overtime premiums, meaning they are legally entitled to overtime pay (1.5 times the regular pay rate) when they work more than 40 hours in a week. If your employer has failed to pay you the time you are owed, the employer may owe you liquidated damages, typically twice the unpaid wages. Indeed, employers often improperly classify certain employees as "exempt" from overtime premiums, cheating those employees from earned compensation. Other "wage and hour" violations can include failing to pay at least minimum wages, dipping into employees' tips, shaving time off of time records, or failing to compensate employees for time spent on necessary work tasks, such as logging in to a computer, setting up a work station, or putting on and taking off required work equipment.

LGBTQ EQUALITY

Connecticut laws protect gay, lesbian, transgender, questioning, and other classifications of gender orientation, identity or expression from disparate treatment at work. This could include adverse employment decisions, harassment, bullying, or other unlawful actions in (or sometime outside) the workplace. However, the application of non-discrimination laws to LGBTQ statuses changes frequently and recently has come under targeted political attack. As an active member of GLAD and PFLAG, and as a parent of a transgender son, Andrew is personally committed to equality and fairness to the LGBTQ community. 

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RETALIATION

Employers are prohibited from discriminating against employees for taking actions to protect their rights. Thus, if you complain about discrimination or about some other unlawful activity, your employer may not take any adverse action against you as a result. Likewise, your employer cannot take action against you for taking a protected leave of absence, filing a worker's compensation claim, or seeking any other protected rights or benefits. Finally, an employer cannot take action against you for reporting, or "whistleblowing," on unlawful activities, such as fraud, securities violations, environmental or health hazards, or other violations of law.

REASONABLE ACCOMMODATIONS / LEAVES OF ABSENCE

If you have a physical or mental disability that substantially limits a major life activity, i.e., walking, working, etc., or if your employer regards you as being disabled, you may be entitled to a reasonable accommodation in your workplace. If your employer fails to provide you a reasonable accommodation, or fails to meet and discuss with you your particular accommodation needs, your employer may be in violation of the American With Disabilities Act and/or the Connecticut Fair Employment Practices Act.  Similarly, if you or a close family member, i.e., your spouse, child or parent, has a serious health problem that requires you to miss work, Connecticut and Federal laws may provide with you with certain job protections.

WORKPLACE INVESTIGATIONS

When faced with allegations of workplace misconduct, companies sometimes opt to bring in an objective fact-finder to investigate the matter. The investigator remains neutral and does not advocate for any particular party or stakeholder. . Andrew's expertise in federal and Connecticut employment laws and best practices, as well as his experience representing both companies and individuals, make him an ideal neutral investigator of Connecticut workplace disputes.

UNEMPLOYMENT
DISPUTES & APPEALS
Obtaining unemployment benefits following a separation from employment in Connecticut can be a complicated and stressful process, especially when your employer challenges your right to benefits. Andrew can expertly counsel you through the unemployment process, represent you at hearings, and provide confidence that you are presenting your best case to receive your maximum benefits.

TITLE IX

Title IX of the Education Amendments of 1972 prohibits sex-based discrimination and retaliation in educational institutions that receive federal funds of any kind. Although Title IX is most commonly known for its original application to athletic programs, it also prohibits sex discrimination in all areas of education. It protects students and school employees from sexual harassment or sexual assault, and prohibits retaliation against harassment or assault victims. Schools must have procedures in place to enable students to make complaints about sexual harassment, and once aware of harassment, schools must take prompt steps to stop it, prevent its recurrence, and remedy its effects. Title IX likewise prohibits discrimination on the basis of sexual orientation, gender identity or gender expression. Thus, Title IX also obligates schools to respond to and remedy bullying, harassment, and discrimination against LGBTQ or gender nonconforming students. A student who has been a victim of any form of sexual harassment, assault or discrimination may have the right under Title IX to bring a legal action against the school. Both the process and the subject matter, however, can be complex and emotionally overwhelming. Consult with Andrew to understand all of your options and how he can help you.

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