Law // Conneticut Employment Law
Connecticut Employment Law
1.Employees are generally protected by various labor laws and they receive benefits including unemployment insurance, worker’s compensation coverage, social security, health insurance coverage, retirement, and protection under the federal, state and local wage-hour laws. On the other hand, the independent contracts or also known as “consultants” or “freelancers” are those workers who assist business employers during peak business season, to work on special assignments, and to perform services that are not part of the employer’s regular business. In effect, independent contractors do not receive the benefits that employees have as provided by the law.
The state of Connecticut uses the ABC test to determine whether an individual is an employee or an independent contractor. ABC test provide criteria to be considered generally as independent contractor these are: (1) the individual has been and will continue to be free from control or direction over the performance of their service, both under their contract of service and in fact; (2) the service is either outside of the usual course of the business for which such service is performed, or such service is performed outside of all the places of business of the enterprise for which such service is performed; and, (3) the individual is customarily engaged in an independently established trade, occupation, profession or business.
2. The doctrine of respondeat superior means ‘let the superior make answer.’ It embodies the general rule that an employer is liable for the negligent acts or omissions of its employee committed within the course and scope of employment. An employer is vicariously liable for torts committed by an employee if employer-employee relationship exists. To determine whether an employer-employee exists depends on the right of control of the employer to employees. The rule is based on the losses caused by the torts of employee. In Kephart v. Genuity, the court held that an employer will not be held liable for employee’s assault or other intentional tort that did not have a causal nexus to the employee’s work.
The principle of vulnerability could help to explain that vulnerability refers to the plaintiff’s inability to protect itself from the consequences of a defendant’s want of reasonable care, either entirely or at least in a way which would cast the consequences of loss on the defendant. In the case at bar, the defendants deny negligence in taking the reasonable steps of securing the foundation of the building. While the first point considered that the liability of the employer as regards the negligence of independent contractor, it is in this side that employer is liable if he is negligent in taking the necessary care for safety and security in supervising the works done by these workers. Tort law is about compensating those who are wrongfully injured. But even more fundamentally, it is about recognizing and righting wrongful conduct by one person or a group of persons that harms others. If tort law becomes incapable of recognizing important wrongs, and hence incapable of righting them, victims will be left with a sense of grievance and the public will be left with a feeling that justice is not what it should be.
3. A contract is defined as a binding or mutual agreement between or among two or more parties for the performance or non-performance of some specific acts by considering the existing laws of the land. It is considered an obligation affixed or abided by the certain acts of the law usually accompanied or represented by a known intent. Hence, before the signing or approval of any contract, an agreement between the parties involved is significant. In legal terms, there should be a consensus ad idem which simply means that there must be meeting of the minds. Various forms of business agreements were in existence due to the provisions of range of laws regarding obligations and contracts.
The employee under contract-at-will is a doctrine that avows that, when an employee is hired in a company without a written employment contract or indefinite period, the employer can terminate the employee either by just cause, in bad reason, or no cause at all. The application of doctrine is determined by identifying the nature of contract. If the contract has no definite duration and the employee is free to enter into employment contract due to non-existence of a written contract, and the employee can resign or leave position the employer is also permitted to discharge these employees at their whim. In addition, the employment-at-will doctrine is pertinent as when there are no employee-employer obligations attached. However, the right of employers to terminate employees under the employment-at-will is not absolute. It is limited by two major sources: the statutory law (State and Federal law) and common law (Courts). Under statutory law, the employers are prohibited from taking action that adversely affects the relationship of employment on the basis of discrimination and retribution for conduct of employees.
4. The employer can terminate employee subject to certain conditions. That (1) the employer must advise the employee through proper written notice of termination and as when notice period has expired, an employer can lay off the employment of an employee who has been employed continuously for more than three months; or, (2) without written notice or with less notice of termination than is required but the employer pays termination pay to the employee, employer can likewise terminate the employment of an employee.
As regards termination and severance of employment, the employee has an option to either accept the termination pay or sue an employer in court of law for wrongful dismissal. The law provides that the employee cannot take the options both that is, bringing a claim in court against an employer on the ground of wrongful dismissal and at the same time file a claim for termination pay with the Ministry for the same termination of severance of employment. It is therefore provided that, the employee must choose one or the other and may desire to obtain legal advice concerning their rights. However, there is certain case of wrongful dismissal that the Court allowed the employee to cash out the severance pay under the Act and sued an employer after discovering that she was entitled to more under the common law. The underlying principle behind permission was because the employee was ignorant of her rights at common law and allowing the existence of inequality of bargaining power would have been considerably unwarranted to the employee who has been given her common law entitlements.
5. Federal Family and Medical Leave Act is an example of expanding the legal rights of individuals. Under the FMLA’s provision, an employee is guaranteed for up to 12 weeks of unpaid leave over a twelve-month period to care for new born child or maintain the health needs of sick members of family or the employee himself. To be qualified the employee must have worked at least 1,250 hours in the preceding years for an employer to allow his employees to take the leave. More so, employer, who employs in any case fifty workers in a seventy-five-mile radius of where the employee requesting leave accounts to work, must allow the employee to return to similar position to the one he/ she held before accepting it. However, California law provides employees with partially paid leaves through the workers’ compensation program. In this regard, employees’ rights are expanded giving them further options to choose.
The conflict in the interpretation of law has somewhat led to controversy between the state courts and the federal courts. However, as the Supreme Court often reiterated that the California Constitution is, and always has been, a doctrine of independent force. Any other result would contradict not only the most fundamental principles of federalism but also the historic basis of the state charters. Significantly, the institutionalized doctrine of ‘independent state grounds’ have been often recognized by U.S. Supreme Court. The best example of which is the same-sex marriage to which California Supreme Court legalized the law. That is, same-sex marriage may be done in the state of California and all other states to which is legalized. Though this is legal on certain states, the Supreme Court has yet to give its decision due to some arguments of explicit guarantee of due process and equal protection as provided in U.S. Constitution.
6. Employment discrimination contributes to disparities between men and women in the salary and career paths in the company. The stereotyping and unintended discrimination focus on bias and highlighted several uncertainties concerning issue of causation, correlation, and proof for discrimination claims. In the instant case, the employee was then applying for certain position but was not entertained and considered for the position due to his sexual orientation. Under the law, prior to filing of case, the plaintiff must institute a prima facie case in order to determine or establish strong and apparent evidence that is indeed a discriminatory intent to the actions of the defendant. Meaning, the plaintiff must have sufficient knowledge and has the minimum amount of evidence necessary to allow his claims to continue in the judicial process.
Another point, as the prosecution determines whether there is substantial evidence to the question raised, the defendant must articulate a genuine, non-discriminatory reason’ for the opposing employment action. Finally, as there has been a confrontation as to the issue raised, the plaintiff must create sufficient evidence to support the claims for the genuine issue of material fact as articulated to the pretext for discrimination.
7. According to Title VII of the Civil Rights Act of 1964, class actions have particular utility in the arena of civil rights; whereas, it provides implicit type of class certification to proceed in a manageable fashion in the presentation of the case and to decrease the doubling of the case. More so, this statute comprises no distinctive exception for large employers, which constitute unlawful incongruent treatment whether or not the performer is fully aware that another person’s protected characteristic such as gender or race. Simply put, the law established that even there is no existing law that prohibits for the discrimination based on gender or race, large or small companies shall not make partiality out of their applicants or employees.
Fair work has established creative process of inventing more scrupulous design that strategically meet the demand of the market in terms of optimizing labor forces, integrating changes that are necessary to national growth and development of economy starting from a low level of capital and low per effective worker income to growth rates of effective labor income. At large, it provides a more effective and fair set of employment standards through the established mechanisms and further offers dynamic workplace and employers’ business with healthy financial efficiency and productivity.
8. Quid Pro Quo explains that something is for something. It is like giving one valuable thing in exchange for something else. The discrimination that is maintained by the law is not confined on “economic” or “tangible” discrimination, but it also extends beyond the economic aspects of employment for it also prohibits discrimination based on sex has created a hostile or abusive work environment. The quid pro quo exists when there is apparent violation of the rights protected under Title VII of Civil Rights Act of 1964 on the grounds of sexual harassment. That sexual harassment is not confined to abusive behavior of superior to employee but more particularly such abuse or discrimination will be abrogated merely in exchange of relieving the superior’s sexual fantasies.
In connection to this, a case was held by the court that the gravamen of any sexual harassment claim is that the alleged sexual advances were ‘unwelcome’ and in exchange to the promotion or upgrade of salary of employee. As such the correct inquiry is whether a woman, by her conduct, indicated that the alleged sexual advances were unwelcome, and not whether her actual participation in sexual intercourse was voluntary as decided by the district court. The EEOC Guidelines emphasize that the trier of fact must determine the existence of sexual harassment in light of the record as a whole and the summary of circumstances, such as the nature of sexual advances and the context in which the alleged incidents occurred.
9. The parties did not waive clause 48, as such the contract did not become valid and binding.
The judge was correct in stating that some terms of the contract were fairly agreed upon as in accordance to the agreement provided their contract. Following the intention of the parties, it can be stated that there was indeed an agreement between the parties and as such, the agreements which are not disputed remains to be part of a limited contract between them. Contract is the meeting of the minds between two parties. It can be implied or expressed upon the agreement provided by both parties. Contract is an agreement which the parties tend to be legally binding. Thus, it is an agreement between two or more persons that the law recognizes and will enforce. Thus one has to offer something and the other one must accept the offer which will make them both legally liable to each other and its terms are governed by the laws in a certain country or state. However, when one acts of negligence and results to the liability of that person or another without any contractual obligation, this can be identified as tort.
The law states that the authority of one of the partners is allowed when entering in another agreement. This is because they have an implied authority to do so as they can act in behalf of their company. The answer is in positive manner. This is because there was already a meeting of the minds between both parties as an authorized person to do so. There was already a meeting of the minds between the two parties, an agreement was made as the offer and acceptance was made, making it a binding contract.
2017/5158
