- Pardons and Parole/Expungement
Posted May 15, 2008, 3:52 pm by Nicholas Adamucci
If you have been convicted of a certain crime in Connecticut, then you have a criminal record. This means that anytime someone conducts a background check, they can see that you were convicted of a crime. This can have many adverse consequences including the loss of employment opportunities. So what can you do about this record? Is it permanent or can it be erased. The following will help you clear your background. Expungement Pardon: You may apply to the Board for expungement (erasure of the...
- Legislature Postpones Deadline to July 1, 2009 For Implementation of New In-School Suspension Law
Posted May 15, 2008, 10:33 am
With the close of the 2008 legislative session, HB 5826 An Act Concerning School Learning Environment has passed. The bill postpones from July 1, 2008 to July 1, 2009 the effective implementation date for PA 07-66 which generally prohibits out of school suspensions and extends from five to ten days, the maximum length of in-school suspensions. The passage of PA 07-66 raised a number of concerns for school boards and school administrators regarding the pragmatics of implementing the new law....
- Seniors Beware of Investor Fraud
Posted May 15, 2008, 7:20 am by Michael J. Keenan, Esq.
Unfortunately, as the U.S. population continues to age we will most likely see an increase in the number of scams and fraudulent activity directed at our vulnerable elderly population. One poignant example of such predatory practices is known as "investment...
- My First Trial
Posted May 15, 2008, 5:56 am by Ryan McKeen
I tried my first case as a certified legal intern for the State's Attorneys' Office in Meriden. The defendant had no idea what was in store for her. One of the best things about interning for the Connecticut State's Attorneys' Office in a G.A. is that they let you do things - like try traffic infractions. Traffic court trials are often the bain of a prosecutors existence. He who draws short straw ends up trying a traffic infraction case. Anyway, that morning I got my case. It was a woman...
- A Master Resource - Using Law.alltop.com to Keep Updated
Posted May 15, 2008, 4:27 am
As I will discuss in an upcoming post, keeping up to date about legal developments (employment law or otherwise) is a challenge for any employer, employee or in-house lawyer. Parsing through all the websites and legal-related blogs for information can seem like a monumental challenge as well. Fortunately,besides the RSS feeds I normally use, there is a great new resource out there to keep up to date on legal issues. Law.alltop.com is a recently launched part of Alltop.com. What is it? I'll let...
- Adverse Possession in Connecticut: Adding 100 Yards Of Fill Is Open And Obvious
Posted May 13, 2008, 10:00 pm by Ryan McKeen
I love reading adverse possession decisions in Connecticut. These cases are often hard fought by warring neighbors. Compromise is often not an option because the level of disdain is so high between the parties. If fences make for good neighbors adverse possesion cases certainly do not. Unless of course the fence is at the heart of an adverse possesion case. Most broadly defined, adverse possession, is a method of acquiring title to real property without compensation by possession for a...
- Court: Connecticut Anti-Discrimination Employment Laws Are For Employees, Not Surviving Spouses
Posted May 13, 2008, 6:53 pm
One of the underlying fears that many employers have is that anti-discrimination laws will eventually be interpreted so broadly, that they will be open to litigation even for the most remote possibilities. Thus, the idea of "standing" (in essence, who has the "right" to sue another party) is one that can sometimes be used to prevent overreaching in employment law cases. The Connecticut Supreme Court, in a decision to be officially released next week, has held that only employees (and not...
- 3.4 Million verdict overturned as Supreme Court decision addresses construction accident issues
Posted May 13, 2008, 2:13 pm by James F. Aspell
The Connecticut Supreme Court will be releasing a decision of the 20th of this month in the case of Archembault vs. Soneco/Northeastern, Inc., et al, This decision, which revolves around a construction accident in which an employee of Soneco is seriously injured in a trench collapse, speaks to the duties of the general contractor on a job site to provide a safe work enviornment. The Court has determined that that the trial court's instruction to the jury that the general contractor on a job...
- Connecticut’s Foreclosure Dockets: Dignity On Trial
Posted May 13, 2008, 4:45 am by Ryan McKeen
"Banks always win. They have the money. They write the notes and the laws that govern the notes." -A law school professor. In Connecticut's foreclosure courts the issue is almost never whether or not the bank will be able to foreclose on the property. The issues usually resolved in court are when and how the foreclosure will take place. Sitting in court as foreclosure cases are called is a moving experience. Lots of times the homeowner doesn't appear: perhaps they are afraid, perhaps in denial,...
- About Milestones and Readers
Posted May 13, 2008, 4:30 am
Just a short self-promoting post this morning to recognize some amazing milestones for this humble employment law blog. After just a few months in existence, we had our 50,000th visit around 2 a.m. this morning! Last week, we had our busiest week (on top of last month's "busiest month). In other words, we keep growing and expanding. The blog's reach on Google is also compelling and sometimes leads to some strange referrals. For example, one reader was referred to this blog by typing in "How to...
- Workplace Posters - Is It Worthwhile Purchasing Them From Companies That Sell Them?
Posted May 12, 2008, 2:40 pm
A while back, I wrote about a Connecticut law that requires employers to post about the services of the Office of Healthcare Advocate and about one company that sells such a poster, Progressive Business Compliance. But the question is often asked, are these workplace posters that available for sale by companies like PBC, useful and worthwhile to purchase in general? My response is "Yes" with a small "but" attached to it. What do I mean? Well, as I've said before, the companies that prepare the...
- Law Library Now Offering RSS Live feed
Posted May 12, 2008, 2:20 pm by James F. Aspell
The Connecticut Law Libraries are now offering a tremendous resource to attorneys and the public alike in the form of their newly redesigned Newslog. The Newslog provides up-to-the-minute information on the latest Connecticut Supreme Court decisions, neatly indexed by category for your researching and browsing pleasure. The Newslog can be accessed here and is well worth a look. It is available as a live RSS feed for those so inclined.
- Paying an Employee for Commuting Time? Probably Not, But It Depends, Says Court
Posted May 12, 2008, 4:39 am
For non-exempt employees (in other words, those employees eligible for overtime), a common question is whether an employee should be paid for commuting time. The answer to that question is typically no. Now suppose the employee carries their work files in a briefcase to and from work, does that change the analysis? According to a recent Second Circuit decision (which covers employers in Connecticut, New York and Vermont), the answer is still no. In doing so, the Second Circuit in Singh v. City...
- Foreclosures Hurt Tenants In Connecticut
Posted May 11, 2008, 10:00 pm by Ryan McKeen
If you ever become so inspired to start a law blog and don't start looking at your website traffic stats for at least 3 months. When I started this blog in January I had 316 hits (not including bots) on the site. I did a little better in February with 344 hits. In March things started to pick up and I had 18,744 hits. In April I had 30,695 hits. I did not view this blog's stats until early April. The good in all of this is that I have an archive of entries that I have written and almost nobody...
- Time to Dust off the Fedora!
Posted May 10, 2008, 1:31 am by Michael J. Keenan, Esq.
This is a brief, light-hearted, weekend tribute to one of the most inspiring seniors out there. Harrison Ford is set to re-establish himself as one of America's foremost action-heroes in his role as Indiana Jones despite the fact that he...
- Entering a Plea under Connecticut Law
Posted May 9, 2008, 1:15 pm by Nicholas Adamucci
If you have received an offer from the state's attorney and are willing to enter a plea to the charge(s), Practice Book Sec. 39-19 provides the requirements for such a plea. That section provides that the court shall not accept a plea without first addressing you personally in court. Next, the court must determine whether you fully understand: (1) nature of the charge(s); (2) mandatory minimums; (3) the fact that the statute does not permit the sentence to be suspended; (4) maximum possible...
- CT Nursing Home Reform Hopes Quashed
Posted May 9, 2008, 7:32 am by Michael J. Keenan, Esq.
Everyone can calm down now...all of the hype and momentum that promised to culminate in sweeping and sorely-needed nursing home reform in Connecticut has disappeared into thin air. The legislative session ended at midnight on Wednesday with all of the...
- The Penalties to Connecticut Employers for Hiring Illegal Immigrants
Posted May 9, 2008, 6:31 am
One of my new favorite "undiscovered gems" on the Internet, is Connecticut Judicial Branch Law Libraries' Newslog. It is a site maintained by the librarians with daily entries to help people stay informed about "recent legal developments, legal practice tools, and law library resources". It's another example of how librarians are adapting to new technology and providing a helpful resource. And best of all, they have added RSS feeds to allow readers to "subscribe" to it. (If you don't know what...
- Connecticut Marriage Ceremony Requirements
Posted May 8, 2008, 10:00 pm by Ryan
Wedding season is upon us and so I think I'll take a break from writing about divorce and do an entry about marriage. After all, without marriage there would be no divorce. What are the requirements for a valid marriage ceremony in Connecticut? 1. The physical presence of the parties before an official licensed to perform a marriage ceremony in Connecticut; and 2. A third party official must witness or officiate at a ceremony wherein the parties each presently consent to marriage. Hames v....
- What We All Want To Know is:
Posted May 8, 2008, 2:35 pm by James F. Aspell