Q. What rights do employees have in the workplace?

A. Generally, employment in Connecticut is “at-will,” which means that an employer can make unilateral changes to the employment relationship (including changes to an employee’s duties, hours and/or wages) and can terminate or discipline an employee at any time, for any reason, so long as it is not a reason specifically prohibited by law.

Q. Does employment at-will apply to everyone?

A. Union members covered by a collective bargaining agreement and non-union employees covered by a contract with the employer may not be considered at-will employees and may have additional rights and protections as specified in the contract.

Q. Are there laws that protect at-will employees?

A. Yes! There are numerous Connecticut and Federal laws that provide rights and protections to at-will employees such as anti-discrimination laws, laws governing wages, family and medical leave laws and laws protecting whistleblowers.

Q. What is job discrimination?

A. The law does not require that employers be nice to their employees, nor does it require that employers always be fair. However, it is unlawful for an employer to refuse to hire or promote, to discipline, to terminate, to harass or to otherwise treat an employee differently because of the person’s:

• Race
• Color
• National Origin
• Religion
• Age (if you are over 40 years old)
• Sex/Gender (including pregnancy)
• Sexual orientation (in Connecticut and some other states)
• Physical, mental or learning disability (as defined by the disability laws).

Q. What should an employee do if s/he thinks s/he is being unlawfully discriminated against on the basis of one of the reasons listed above?

A. Talk to an attorney, preferably one with experience in labor and employment law, about what has occurred. The attorney can help you understand your rights and how to best protect yourself, as well as discuss whether to assert a claim of discrimination (whether informally by making your concerns known to the employer, or formally by filing a discrimination complaint with the appropriate agency). There are usually very strict deadlines in which to bring formal complaints of discrimination, so it is very important to talk to an attorney early. (In Connecticut, a complaint must be filed with the Connecticut Commission on Human Rights and Opportunities within 180 days of the illegal act).

Q. What is sexual harassment?

A. Sexual harassment is a form of illegal sex discrimination defined by unwelcome sexual conduct which affects the terms and conditions of a person’s employment or which creates a hostile work environment. In order for something to be considered sexual harassment, it must be of a sexual nature or be based on hostility because of gender; be unwelcome; be severe or pervasive; and affect the victim’s pay, benefits, work conditions or work environment. Sexual harassment can include:

• sexual propositions accompanied by threats to your job
• lewd comments or suggestions
• obscene jokes or emails
• distributing or displaying offensive or pornographic materials
• inappropriate or unwanted touching
• sexual gestures.

Q. What should an employee do if s/he thinks s/he is being sexually harassed?

A. Some preliminary steps to consider include talking to the harasser and telling that person to stop the offensive behavior; documenting the situation; writing a letter to the harasser, to a supervisor or to human resources; and reviewing the employer’s sexual harassment policy and complaint procedure. In some circumstances an employee might have to comply with the employer’s established policies and procedures in order to successfully bring a legal action. You should also consider talking to an attorney, preferably one with experience in labor and employment law, about what has occurred. The attorney can help you understand your rights and how to best protect yourself, as well as discuss whether to assert a claim of sexual harassment (whether informally by making your concerns known to the employer, or formally by filing a complaint with the appropriate agency). Like discrimination, the deadlines in which to bring a formal complaint are very strict, so it is generally helpful to talk to an attorney early.

Q. What can an employer do to an employee who has complained about discrimination or sexual harassment?

A. It is illegal for an employer to “retaliate against” an employee because s/he opposed something that s/he reasonably believed constituted unlawful discrimination or sexual harassment. But what exactly constitutes “retaliation” is a complicated question, the answer to which often depends on the specific facts at issue. If you think your employer is taking action against you because you have previously complained about discrimination or harassment you should talk to an experienced labor and employment attorney about your rights.

Q. How much does an employer have to pay an employee?

A. For most jobs, an employer must pay at least the minimum wage, $7.65 per hour in Connecticut. Some employees such as waitresses or waiters can be paid less than the minimum wage (at least $5.41) as long as their tips and wages together add up to minimum wage. The law requires employers to pay all employees, regardless of citizenship, for every hour worked.

Q. When does an employer have to pay overtime and how much must it pay?

A. Generally an employer has to pay overtime, time-and-a-half, to any employee who works more than 40 hours in one week. But an employer does not have to pay overtime at all, no matter how many hours worked, if an employee is “exempt” under the law. Employees who fit into the category of executive, administrative or professional employees may be exempt and therefore may not be entitled to overtime pay. Who exactly is exempt is a complicated question, the answer to which often depends on the specific duties performed by the employee. If you think you are not being paid overtime to which you believe you are entitled, you should talk to an experienced labor and employment attorney and/or contact the CT Department of Labor.

Q. Are employees entitled to time off from work for medical reasons?

A. It depends. If the reason is due to a work related injury or illness, then Connecticut’s law regarding “Worker’s Compensation” likely does provide for time off from work.

On the other hand, the Connecticut and Federal Family and Medical Leave Act (FMLA) laws require that employers with at least 50 employees provide eligible employees with time off from work, 12 or even 16 weeks, in order to care for themselves, a child, parent, or spouse in the event of a “serious medical condition” (including pregnancy). Whether an employee is eligible for such leave depends on how long s/he has worked for the employer and upon the nature of the medical condition. Employees who want to take leave under the FMLA may have to follow the employer’s rules about notice and/or providing medical certifications.

Employers cannot retaliate against employees who exercise rights, including the right to take time off of work, under the worker’s compensation law or the FMLA.

Q. What rights and protections does an employee who takes FMLA leave have?

A. Although the employee must be allowed to take time off of work, the law does not require that the leave be paid. Whether leave is paid or unpaid is up to the employer. However, the employer is required to continue the employee’s health, life, disability, pension and other benefits during the leave, at the same cost as if the employee was still working.

Once the employee’s leave ends (at the end of the 12 or 16 weeks), s/he is entitled to be returned to his/her original position or if that position is no longer available, to a similar position with similar pay and benefits.
An employer cannot deny or interfere with an employee’s rights under the FMLA, nor can an employer discriminate or retaliate against an employee during his/her leave or upon the employee’s return from leave.

Q. What is a “whistleblower” and what protections are afforded to whistleblowers?

A. A whistleblower is a legal term. In Connecticut, a “whistleblower” is someone who has knowledge of corruption, unethical practices, violation of laws, mismanagement, gross waste of funds, abuse or authority, or danger to the public safety occurring in any state department or agency, quasi-public agency or any state contract, and who reports such knowledge. Connecticut law protects whistleblowers from retaliation or threats of retaliation for having made the report. If you think you are being retaliated against because of whistleblowing activity, contact an experienced attorney immediately as the time limit for bringing legal action may be very short (even as little as 30 days).

Many laypeople incorrectly assume that any employee who reports similar issues or who speaks out about matters of public concern is a “whistleblower” and is protected from retaliation. That is not always the case where the employee works for a private employer. However, constitutional protections or state law may provide protection in some circumstances. Any employee who believes s/he is being retaliated against because of reporting suspected misconduct or illegal activity or for his/her protected speech should consult with an experienced labor and employment attorney.

This pamphlet was prepared by Attorneys Mary E. Kelly & Nicole M. Rothgeb of Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C., 557 Prospect Avenue, Hartford, CT.  It is based upon Connecticut and Federal law in effect at the time of its publication (February 2008) and is intended for general informational purposes. It should not be considered as a substitute for obtaining legal advice from an experienced Connecticut attorney about an individual situation.

You also might find the following websites helpful in answer comming questions regarding employee rights in Connecticut - www.canmybossdothat.com and the Department of Labor's Connecticut Workplace Laws, as well as our link to useful labor and employment websites.