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Scott E Schaffer

Scott Schaffer’s Answers

127 total


  • Are they allowed to terminate me?

    I work for a well known company. When I was hired along with everyone else, no one received an employee handbook. I have gone to receive blood transfusions for a medical condition that even our on-site medical team is aware of. I turned in my sign...

    Scott’s Answer

    Depending on the size of your company, you may be covered by the FMLA if you meet the eligibility requirements. If so, you should be entitled to intermittent leave for the transfusions, and the time off cannot be used for disciplinary purposes. Each situation is fact specific and you should consult with an employment attorney.

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  • Is it legal for my employer to force me to step down and to lower my wages? The only alternative they're giving me is to quit.

    Hello there! I have a question, or a few questions actually, regarding my legal rights as an employee working for a Corporation. The facility I work in is located in the state of Connecticut. My question(s) being; My employer attempted to demote m...

    Scott’s Answer

    As an at will employee they can legally demote you and lower your wages. With regard to collecting unemployment benefits, you may be able to quit and collect. The key is whether you can prove you quit for "good cause attributable to the employer." Normally, if there is a significant reduction in compensation and/or rank you can quit and collect. The test is whether a "reasonable" person in the same position would quit. Therefore, you are taking some risk by quitting, but if you do, you should claim quit for good cause attributable to the employer on your application for benefits.

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  • Independent contractor unpaid by agency with no termination policy

    I am a travel agent, and work as an independent contractor. I recently changed host agencies. My former agency who is based in another state, whose idea of a contract was an employment app you get in a pack of 50 at Staples and provided no termin...

    Scott’s Answer

    You have raised several issues. The first is whether you were properly classified as an independent contractor versus an employee. Second, if you performed work on behalf of the "employer" or through a contract as an independent contractor you are entitled to be paid for your work. The proper forum for recovery will turn on your status. Your question regarding use of the leads requires more information. The right to use leads you generated will depend on your status (IC v Employee) as well as other factors. Given the issues, you should consult with an employment attorney.

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  • What legal protections or rights do I have regarding retaliation from a grievance letter?

    I recently filed a formal letter of grievance against my direct supervisor to the Director of the program I work at. I followed the correct chain of command as well as the correct agency policies. Nevertheless, I received a very harsh reply to my ...

    Scott’s Answer

    I agree with the first attorney's answer. Depending on the nature of your complaint you may be protected by law against retaliation. You should speak with a CT labor and employment attorney to discuss the specifics of your case.

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  • Does my employer have to pay me for jury duty on a weekday that I usually have off?

    I have received a summons for jury duty but it is for a day during the week that I usually have off because I work every Saturday. I really do not want to give up my usual day off for no pay, I feel that I should be reimbursed for travel expense...

    Scott’s Answer

    No. You are only entitled to be paid for days you would have been scheduled to work during the first 5 days of jury service. The court will provide some reimbursement for travel expenses. Also, you are not entitled to another day off.

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  • My work environment stressful,triggering my clinical anxiety. I get treated rude and I have been victim of sexism and threats

    The company creates a toxic environment, causing me to make mistakes, and there have been 3 sexually discriminatory remarks made to me one on one, I get treated rudely and they threatened to,deny my unmployment claim if I am fired for poor job per...

    Scott’s Answer

    You may have a claim centered on your disability (clinical anxiety) and/or gender (sexual harassment-hostile environment). You should speak with a labor and employment attorney to review the facts and determine whether to file a complaint with the CT Commission on Human Rights and Opportunities (CHRO). There are deadlines for doing so, 180 days, so you may want to speak with someone soon.

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  • In the state of Connecticut if I hired someone to work on a farm with animals, do I have to pay them over time?

    In the state of Connecticut, if I hired someone to work on a farm with animals, do I have to pay them over time? Is there an exception to Agricultural work?

    Scott’s Answer

    Under CT law you are exempt from paying overtime to agricultural employees, however, under federal law (FLSA) you must meet the definition of agricultural work. It is outlined at this link: http://www.dol.gov/whd/regs/compliance/whdfs12.pdf

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  • Should I have been terminated from my job?

    I answered "no" to the question about being arrested on my employment application. I answered no because I know that the charges have been removed from my background. After submitting finger prints the past record came up and I was fired. Is there...

    Scott’s Answer

    The answer will depend on whether the charges were truly removed from your record. Under CT law an applicant can answer "no" to a question regarding their criminal history if the charge was "erased" as outlined in the state statute. If your charge was for an event that took place while you were a minor it may fall into the erasure category, and if so you cannot be fired for answering no on the application. Here is a link to an article I recently wrote on the matter and you may want to contact an attorney to discuss the specifics of your case. http://www.schaffer-law.com/articles/employment-law/264-further-limitations-placed-on-use-of-criminal-records

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  • Do Connecticut state laws prohibit whistleblower retaliation? Are all employees protected or just state employees?

    I believe I have been retaliated against for things that I have reported. I am unsure how to proceed in pursuing a lawsuit. I work for a private university. Do I go through the CHRO? Reading through that website, it is unclear to me if that is for...

    Scott’s Answer

    The CHRO oversees retaliation against state employees who report wrongdoing, not employees working for a private employer. If you reported your concerns to a public body (government agency) and were retaliated against you are protected by CT state statute 31-51m. There is a very short (90 day) statute of limitations to file either an administrative complaint or lawsuit in state court. The proper forum depends on which agency you reported the wrongdoing to.

    If you complained internally, but were not terminated you may not have any rights that were violated. If terminated after an internal complaint, you may have a wrongful termination in violation of public policy claim.

    Depending on the facts, you may also have a first amendment or 31-51q (free speech) claim, but those are more difficult to prove. You may want to speak with an attorney, and do so quickly given the short statute of limitations that may apply

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  • Do I need to speak to my District Manger about this?

    I work nights and day shifts. But when I work nights I am usually there till 3am one of my mangers keeps clocking me out while I am still there cleaning. Then I'm supposed to count the money but she always does it from my drawer, so I just clean ...

    Scott’s Answer

    If you are permitted to work without being paid your company is violating the law. I would speak with your manager, and if the manager fails to pay you properly you should contact the CT Department of Labor and file a wage complaint. You can also do so on line. Here is the link:
    http://www.ctdol.state.ct.us/wgwkstnd/forms/WCA-1%20FILLABLE.pdf

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