Employment & Labor Law

Enforceability of Non-Solicitation Agreement for Potential Clients of Former Employer

Posted on by J.Maya

Webster Financial Corporation v. McDonald, 2009 Conn. Super. LEXIS 169 USI Insurance Services of Connecticut, Inc., formerly Webster Insurance, Inc., employed Mr. William McDonald as a senior vice president at its Westport, CT office.  The company had Mr. McDonald sign an employment agreement dated February 11, 2003 that contained non-compete and non-solicitation clauses in the… Read more


Contract Principles in Connecticut Non-Compete Agreements: Consideration and the Parol Evidence Rule

Posted on by J.Maya

United Rentals, Inc. v. Bastanzi, 2005 U.S. Dist. LEXIS 45268 This federal case involved an employee, one Mr. Jeffrey Bastanzi that started his own company in direct competition with his employer while still in its employment, allegedly in violation of a non-compete agreement signed by both parties.  Mr. Bastanzi worked for United Rentals, Inc. from… Read more


Balancing Policy Concerns When Determining Enforceability of Non-Compete Agreement

Posted on by J.Maya

Booth Waltz Enterprises, Inc. v. Pierson, 2009 Conn. Super. LEXIS 1912 Speedway Distributors, Inc. employed Mr. David Pierson as a sales representative beginning in 1998 and had him sign a non-compete agreement as a condition precedent to his employment.  The agreement, executed on January 26, 1998, prohibited Mr. Pierson from soliciting Speedway customers or divulging… Read more


Duration of Connecticut Non-Compete Agreement Reduced by the Court

Posted on by J.Maya

Access America, LLC v. Mazzotta, 2005 Conn. Super. LEXIS 2597 Ms. Vassilia Mazzotta worked at Access America, LLC, a franchised office affiliated with Century 21 Real Estate, as a licensed real estate broker.  She sold single and multi-family residential real estate in conjunction wither her job at Access America until she terminated her employment on… Read more


Excessive Geographical Limitation in Connecticut Non-Compete Agreement Found Unenforceable

Posted on by J.Maya

Timenterial, Inc. v. Dagata, 29 Conn. Supp. 180 Timenterial was a company that engaged in the sale and rental of mobile units and had previously employed Mr. James Dagata.  The employment contract contained a clause wherein Mr. Dagata agreed not to “engage in any business venture having to do with the sale or rental of… Read more


SEVERANCE AGREEMENTS AND OFFER LETTERS, OR SEVERANCE LETTERS AND OFFER AGREEMENTS: WHAT SENIOR MANAGERS AND DIRECTORS NEED TO KNOW

Posted on by J.Maya

Given the state of the economy, companies large and small are looking to reduce head count and cut back their payrolls.  Senior members of management are often the first to go as they represent big salaries and even bigger bonuses that severely impact the bottom line.  We here at Maya Murphy, P.C. represent a number… Read more


Technology Company’s Non-Compete Found Enforceable on Grounds of Protecting Employer’s Interest and Commercial Operations

Posted on by J.Maya

Xplore Techs. Corp. v. Killion, 2010 Conn. Super. LEXIS 2401 Xplore Technologies Corporation was a company engaged in the engineering, developing, and marketing of rugged computer tablets.  Mr. Timothy Killion worked as a Senior Sales Representative with the company from December 8, 2003 to June 2010.  As part of his employment contract with Xplore, Mr.… Read more


Deliberate Indifference Required for School to be Liable under Title IX for Student-Student Harassment

In a New York District decision earlier this year, a student’s cause of action under Title IX of the Civil Rights Act against the Monroe-Woodbury School District was denied because it did not show deliberate indifference in response to the student’s claim of student-to-student sexual harassment.[1] Parents on behalf of their fifteen year old daughter… Read more


Circuit Court Vacates Decision Holding Insurance Company Must Indemnify Employer Liable in Sexual Harassment Claim

The First Circuit of the U.S. Court of Appeals vacated a decision by the District Court granting summary judgment for an insured employer, requiring its insurance company to defend and indemnify it against sexual harassment claims.[1] The First Circuit held that there was a factual dispute as to whether the underlying sexual harassment charges began… Read more


Sexual Emails from Employer Can Constitute Sexually Hostile Work Environment

In a recent New York case, the New York Appellate Division held that an employer’s sending of sexually offensive e-mails to both male and female employees, nonetheless, subjected female employees to differential treatment and thus could support hostile work environment claim under New York City Human Rights Law.[1] [2] The plaintiffs in the action were… Read more


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