1120 Boston Post Road, Darien, CT 06820 - Tel: 203-202-3100
PRACTICE AREAS
EMPLOYMENT LAW

Carta, McAlister & Moore, LLC provides representation to management and employees.  While practicing with a New York law firm in the first 15 years of his career, Mark Carta primarily represented the interest of corporate management.  Although he continues to serve as employment counsel for several corporations and non-profit organizations, Mark now primarily represents individual employees, predominately A-Suite executives and employees in the financial sector.

Mark’s prior experience as a management lawyer affords him an insight and a balanced perspective that he uses to the benefit of his individual clients. The fact that he has litigated many key employment contract provisions, such as covenants not to compete, confidentiality provisions and change-in-control provisions, also enables him to deliver added value for employment clients.  On many occasions, Mark’s representation of an employee results in his being retained at a later date by the employer.  Examples of added value include:

  • As the result of negotiating a "Good Reason" termination provision into a new employment contract, one of Mark’s executive clients was able to resign and obtain one year of severance payments when her new employer materially diminished her role and responsibilities.
  • A corporate client engaged in providing allied medical services was struggling with the challenge of motivating its professional managers to identify and train their successors.  Our solution was to re-write our client’s Management Agreement to add an equity equivalent incentive similar to a phantom stock plan and a provision detailing the out-going manager’s responsibilities for turning over control to his successor.
  • When the President and CEO of one of Fairfield County’s largest employers was invited to accept a comfortable six-figure severance package after recovering from a life-threatening illness, we were able to double his severance package on the basis of the Americans With Disabilities Act.

Even when an employer has no written severance policy, there are a myriad of reasons an employee may negotiate a favorable severance in exchange for providing a General Release. Download "Negotiating Your Severance Agreement"

Among the employment related matters we handle are:

  • Employment Agreements
  • Severance Agreements
  • Wrongful Discharge claims
  • Age and Sex Discrimination claims
  • Americans With Disabilities Act claims
  • CHRO/EEOC disputes
  • Controversies involving covenants not to compete
  • Trade Secret and Confidential Information disputes
  • Change-in-control provisions
  • Wage and Hour violations
  • Mediation of Employment Law matters

Email Mark Carta or call him at 203-202-3131 for more information.

Questions Frequently Asked by Employees
Q: Can I be terminated without cause or for a reason I believe is untrue or unfair?
Q: What constitutes “wrongful termination”?
Q: What recourse do I have if I believe that my employment was terminated due to unlawful discrimination or retaliation?
Q: Am I eligible for unemployment compensation?
Q: What happens if my employer contests my unemployment compensation claim?
Q: Am I eligible for unemployment compensation if I was hired as an independent contractor?
Q: Am I eligible to receive COBRA health care benefits?
Q: Am I eligible to be compensated for my unused sick or vacation days?
Q: Am I entitled to a copy of my personnel file and, if so, how do I request a copy?
Q: What recourse do I have if I believe that I am owed wages from my employer?
Q: I have just been dismissed and have no written employment contract or other documented right to severance benefits, do I have any leverage to seek a severance package?
Questions Frequently Asked by Employers
Q: How do we determine whether our employees are properly classified as “exempt”?
Q: Under what circumstances may we contest an employee’s rights to unemployment compensation?
Q: Are we required to provide an employee with an unpaid leave of absence for health-related reasons?
Q: Are we required to give an employee FMLA leave in addition to his or her paid vacation time or sick time, or may we require that the employee’s paid leave run concurrently with the unpaid leave under the FMLA?
Q: Are we required to provide an employee with an offer letter?
Q: My company is headquartered in Connecticut, but has branches in New York and Florida—which state employment laws should the company should follow?
Q: My company has 25 employees. One of our employees recently requested an unpaid leave of absence to deal with a chronic medical condition. We don’t have the resources to operate for a lengthy period of time without this employee—do we have to provide th
Q: We have been told that non competition agreements are unenforceable. Is this true?
Q: We have decided to require all of our sales personnel to sign non- competition agreements. Are there best practices we should follow concerning their execution?
Q: We have never required our employees to sign Confidentiality Agreements or any other documents protecting our proprietary business information. An employee who we trained and introduced to our clients quit and stole our entire client list. Do we have a