Dealing With Employment Termination Disputes
At Rome McGuigan, P.C., in Hartford, Connecticut, our employment law attorney, Andrew L Houlding, can guide employers when they are considering terminations, whether for financial, performance or misconduct reasons. Our lawyers are also retained by employees to pursue claims of breach of employment contract and to negotiate fair and reasonable severance terms. Rome McGuigan is always on the side of its client, whoever that may be.
Employment Termination · Wrongful Termination
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Some of the issues that must be considered in employment terminations:
- Is the employment relationship terminable at will?
- Have promises been made to the employee that employment will continue for a definite term?
- Does the company's employee handbook contain assurances that employment is terminable only for cause?
- Do the company's personnel records support — or undermine — a termination on the basis of poor performance or misconduct?
- Has the company required the employee to sign a non-compete agreement and does that limit the company's options upon termination?
- If there is a non-compete agreement, is it enforceable?
- Is the company obligated under any agreement or ERISA plan document to provide severance benefits?
- Has the company properly compensated the employee under the FLSA?
- Is the employee entitled to payment of accrued, unused vacation pay, personal time, or sick pay?
- Does the company seek a waiver and release of all potential claims from the employee, and if so what should it pay to get a valid release?
- Does the release comply with the Older Worker Benefit Protection Act?
- Even if the employee is otherwise terminable at will, has the employee engaged in "protected activity" so that the employee cannot be terminated without cause?
- Does the employee possess confidential information that must not be disclosed following termination?
- May the company restrain the employee from disclosing confidential information?
- Is the employee planning to go to work for — or establish — a competing enterprise? If so, is there a breach of fiduciary duties?
- What does the law currently require of employers in the termination of employment? COBRA notices and unemployment forms: Is the employer in compliance with state and federal requirements?
Rome McGuigan is experienced in analyzing these issues and guiding our clients to a successful resolution of the termination of the employment relationship. Contact us about allegations of wrongful termination or if you feel you have been the victim of wrongful termination. We represent clients throughout Connecticut.
