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Douglas M Thomas

Douglas Thomas’s Answers

4 total

  • My employer stopped all vacation and sick time pay at a privately owned company in ct. Under 50 employees. Does this mean that I

    Have sort of been terminated in one agreement and now I am stating over again and can I request a pink slip and get unemployment?

    Douglas’s Answer

    Most terminations are directly initiated by the employer (through layoffs, pink slips, etc.). As a general rule in CT, unemployment compensation benefits will be available to the discharged employee as long as the termination was not “for cause” or due to a voluntary quit. But not all voluntary quits result in a denial of benefits. If the quit resulted from the employer making the employee’s working conditions so intolerable as to force the employee to resign, the quit can be characterized as a “constructive discharge” and still qualify for unemployment compensation. Based on the several facts which you have provided, by eliminating important benefits, your employer may have changed the terms and conditions of your employment so much as to force you to quit. For the best result, consult with a Connecticut employment attorney to discuss your circumstances further.

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  • I have a conviction for misdemeanor reckless endangerment. Is this considered an offense involving dishonesty?

    I was accused of putting a child under my supervision at risk of injury by making inappropriate comments and I am applying for a job at a bank. The bank application asks: Have you ever been convicted of any criminal offense (felony or misdemea...

    Douglas’s Answer

    You can answer "no" to your employer's question. It sounds as though you were never convicted of a crime in the first place. In Connecticut, as a general rule employers can only inquire about "convictions" of felonies or about convictions of misdemeanors which involve moral turpitude. They can't ask about arrests. Even if you were convicted, your misdemeanor would not rise to a level that must be disclosed. The bank is obviously interested in hiring only people without badges of past dishonesty, Good luck with the interview.

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  • On a job application in CT, it asks if you have ever been convicted? No but I have a criminal case pending. Do I say yes or no?

    Have you ever been convicted of a crime other than a minor traffic violation? Do not include convictions upon which your record was sealed or expunged. Applicants applying for a position in Connecticut are not required to disclose the existence of...

    Douglas’s Answer

    You can truthfully answer "no" on your employment application because you have never been convicted. In CT, an employer is not permitted to ask about pending charges or about your arrest record. The more difficult question occurs when a conviction occurs after you have begun working for an employer. Failure to disclose some types of convictions (i.e., felony or serious misdemeanors) may well justify the employer terminating you. Before seeking advice from an employment attorney you should check any policy statements (sometimes included in the employee handbook) that the employer might have on the subject for further insight.

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  • My father who passed away was a franchise owner..

    My father died this summer of a unexpected massive heart attack and he was a franchise owner of a big time franchise based company. The business was taken over by the company on the day of his death and his agreement was terminated. I was list...

    Douglas’s Answer

    • Selected as best answer

    To answer your questions properly an attorney would need additional information. The best starting point would be to allow the attorney an opportunity to review the franchise agreement and any correspondence or other agreements between you and the franchisor. Depending on the type of franchise involved, state law may also play a part in framing the response (i.e., Connecticut's franchise laws for gasoline retailers and for auto dealers are different than those for other franchisees). The franchisor may, indeed, be justified in being reimbursed for interim losses sustained managing the business during the period following your father's death, but before capitulating on this issue, ask the franchisor to provide you with the terms of any agreement that authorize such a reimbursement. Good luck.

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