skip to main content

Employment Litigation

When job-related issues cannot be resolved through non-adversary means, we are prepared to aggressively defend employers in state or federal court, as well as the full range of administrative venues. We regularly defend employers in discrimination, wrongful discharge, and other employment-related complaints. We are experienced in dealing with both statutory and common law claims, including complex class actions. With the cooperation and assistance of attorneys from our firm's employee benefits and intellectual property practice groups, we have successfully litigated a variety of ERISA, non-compete and trade secrets cases.

Our goal is to resolve contested cases as early in the process as possible, in order to minimize the costs and risks associated with protracted litigation. Our approach to employment litigation involves providing our clients with: 

    • Early assessment of the strengths and weaknesses of the case 
    • A projected timetable, cost estimate, and exposure to damages 
    • Review of available alternative dispute resolution (ADR) procedures 
    • A cost benefit analysis of each significant litigation decision
    • The ability and willingness to pursue the case through trial and
       related appeals

Experience

Summary Judgment Granted on All Counts for Franchisee
Successful Defense Against Hostile Work Environment Same Sex Sexual Harassment and Retaliation Claims
Successfully Defended Client Against Highly Publicized Appeal
Defense of Discrimination Case Before Connecticut Commission on Human Rights and Opportunities (CHRO)
Defense of Title VII Suit
Litigation Concerning Overtime Requirements of Fair Labor Standards Act
Defended State Against Union Claims Regarding Treatment of Nursing Homes During Labor Strike
Defended Against Age, Sex and Race Discrimination Suits
Labor Negotiations and Discharge Arbitration
Disability Discrimination Suit
Defended Reverse Discrimination Claim
Theft of Trade Secrets
Defended State and Federal Claims of Improper Employee Termination
Constitutional Law Challenges to Municipal Labor Contracts
Arbitration of Employment Discrimination Claim
Theft of Trade Secrets and Unfair Trade Practices
Challenge to Change in Retiree Medical Insurance
Defended Claim Barred by Res Judicata
Defense of Discrimination Suits in Multiple States
Counsel of Companies Closing or Downsizing
Defense of Age and Race Discrimination Claims
Obtained Post-Trial Verdict for FBI in Lawsuit by Insulin-Dependent Diabetic to Become Special Agent
Defense Against Workers' Compensation Retaliation Lawsuit
Successfully Represented Client in Arbitration Involving Employee Misconduct
Obtained Favorable Summary Judgment in Action Brought by Union
Defended Against Sexual Orientation and National Origin Discrimination Suits
Defended Claims of Race Discrimination Before the Connecticut Commission on Human Rights and Opportunities
Successfully Defended Claim of Breach of Executive Employment Agreement
Terms of Employment Separation Negotiations
General Counsel on Personnel and Employee Discipline Matters

Publications

October 18, 2017  Employment Law Letter - Fall 2017
Quarterly Newsletter  Employment Law Letter
November 23, 2016  Breaking News: Judge Stops New Overtime Rule
September 6, 2016  Employers Beware: Shoddy Harassment Investigations Can Still Lead to Liability
January 5, 2016  NLRB Strikes Down Policy Prohibiting Recordings by Employees
November 16, 2015  Anonymous Threats Cannot Be Ignored
Fall 2015  Employment Law Letter - Fall 2015
Summer 2015  Employment Law Letter - Summer 2015
Spring 2015  Employment Law Letter - Spring 2015
March 27, 2015  Time to Reevaluate Employee Handbooks
Fall 2014  Employment Law Letter - Fall 2014
Summer 2014  Employment Law Letter - Summer 2014
Spring 2014  Employment Law Letter - Spring 2014
March 6, 2014  Employers Be Forewarned: The Forms You Use to Obtain Applicant Background Checks May Violate FCRA
February 26, 2014  Make Tenant That Controls Its Space Responsible for Mold Issues
Winter 2014  Employment Law Letter - Winter 2014
February 6, 2014  Federal Court of Appeals Finds Temporary Disabilities Protected Under ADA Amendments Act
January 27, 2014  Courts Weigh In On Analysis of Disabilities
Fall 2013  Employment Law Letter - Fall 2013
July 19, 2013  Employment Litigation Lessons From Lawyers As Employers
Summer 2013  Employment Law Letter - Summer 2013
Spring 2013  Employment Law Letter - Spring 2013
Winter 2013  Employment Law Letter - Winter 2013
Fall 2012  Employment Law Letter - Fall 2012
August 27, 2012  Your Investigation Can Backfire and Lead to Unexpected Problems
Summer 2012  Employment Law Letter - Summer 2012
May 10, 2012  EEOC and NLRB Impose New Rules on Employers
Spring 2012  Employment Law Letter - Spring 2012
February 13, 2012  Supervisors Can Be Personally Liable for Violations of FMLA
Winter 2012  Employment Law Letter - Winter 2012
Fall 2011  Employment Law Letter - Fall 2011
September 1, 2011  NLRB Requiring Posting of Employees' Rights
Summer 2011  Employment Law Letter - Summer 2011
Spring 2011  Employment Law Letter
Winter 2011  Employment Law Letter
Fall 2010  Employment Law Letter
August 9, 2010  Arbitration Processes In Need Of Reform
July 26, 2010  Foreign Independent Contractors Need Proper Visas
Summer 2010  Employment Law Letter
July 7, 2010  Supreme Court Clears Way to Monitor Electronic Messages - Sort Of
May 1, 2010  We Never Thought of That: 21st Century Issues That Make Most Employee Handbooks Obsolete
Spring 2010  Employment Law Letter
January 18, 2010  Investigating Wrongdoing By Elder Care Workers
Winter 2010  Employment Law Letter
Fall 2009  Employment Law Letter
October 26, 2009  Showing Up Without Warrant or Warning: Federal Officials Visit Employers That Hire Foreign Workers
Summer 2009  Employment Law Letter
Winter/Spring 2009  The 2009 Amendments to the Federal Family and Medical Leave Act Regulations
Spring 2009  Employment Law Letter
March 26, 2009  Connecticut FMLA Complicates Compliance With Federal Law
March 2009  New Regulations both Simplify and Complicate Family & Medical Leave
February 6, 2009  Concessions, Cuts and Public Sector Bargaining
February 4, 2009  President Obama Signs Equal Pay Law
February 20, 2008  401(k) Plans - Supreme Court Decision
January 2008  New FMLA Expansion
January 2008  Sending A Message About E-Mails
December 2007  Use of Expired or Undated Green Cards as U.S. Work Authorization Documents on Forms I-9's
November 14, 2007  New Form I-9
September 27, 2007  Connecticut Supreme Court Clears Way For Truthful References
August 31, 2007  Hold Those Records or Else
August 24, 2007  Decisions on Caregivers to be Closely Examined by EEOC for Unlawful Stereotyping
Spring 2005  Constructive Discharge in Sexual Harassment Cases: A Hopeless Situation for Employers?
Summer 2000  Defendant Class Actions

Events

December 7, 2017  Webinar: Employment Law Year in Review
November 16-17, 2017  2017 IASA Northeastern Chapter 54th Annual Regional Conference
November 2, 2017  CLE Event: 2017 Labor and Employment Fall Seminar
October 24, 2017  Sexual Harassment Prevention Seminar 2017
June 13, 2017  CLE Event: Webinar: Guide to Employee Discipline
June 7, 2017  Hot Topics and Changes in the Employment Legal Landscape
October 27, 2016  2016 Labor and Employment Fall Seminar
September 28, 2016   Webinar: Impact of the recent NLRB Decision
November 18, 2015   Webinar: ADA Accommodation Litigation: Employee Requests for Telecommuting, Reassignment, Predictable Shifts and More
October 23, 2015  2015 Labor and Employment Fall Seminar
October 31, 2014  2014 Labor and Employment Fall Seminar
October 25, 2013  2013 Labor and Employment Fall Seminar
July 17, 2013  Hiring Competitors' Employees, Enforcing Non-Competes and Protecting Trade Secrets in a Social Media Age
December 5, 2012  Highlights From Our Annual Labor and Employment Fall Seminar
November 2, 2012  Labor and Employment Fall Seminar: 2012 Update on Labor and Employment Law
July 20, 2012  Hiring Competitors' Employees/Enforcing Non-Competes/Trade Secrets Protection & Litigation: The Most Effective Strategies
April 24, 2012  Buyer Beware! How To Avoid the Legal Traps of Hiring & On-Boarding
November 29, 2011  Highlights From Our Annual Labor & Employment Fall Seminar
April 28, 2011  Sexual Harassment Prevention Training - Hartford, CT
April 26, 2011  FOIA: What Board, Commission & Committee Members Must Know
April 14, 2011  Sexual Harassment Prevention Training - Stamford, CT
April 12, 2011  Sexual Harassment Prevention Training - Hartford, CT
February 10, 2011  FOIA: What Board, Commission & Committee Members Must Know
October 27, 2010  Sexual Harassment Prevention Training - Hartford, CT
October 21, 2010  Sexual Harassment Prevention Training - Stamford, CT
October 15, 2010  Labor & Employment Fall Seminar
October 7, 2010  Sexual Harassment Prevention Training - Hartford, CT
June 15, 2010  Effective Advocacy Before the Appeals Division
May 20, 2010  Investigating Employee Misconduct
April 29, 2010  Sexual Harassment Prevention Training - Hartford, CT
April 23, 2010  Sexual Harassment Prevention Training - Hartford, CT
April 15, 2010  Sexual Harassment Prevention Training - Stamford, CT
April 8, 2010  5th Annual Black and Latino Male Resource Center Conference
October 30, 2009  Labor & Employment Fall Seminar
October 15, 2009  Sexual Harassment Prevention Training - Stamford, CT
October 14, 2009  Sexual Harassment Prevention Training - Hartford, CT
October 8, 2009  Sexual Harassment Prevention Training - Hartford, CT
April 30, 2009  Sexual Harassment Prevention Training - Stamford, CT
April 14, 2009  Sexual Harassment Prevention Training - Hartford, CT
April 7, 2009  Sexual Harassment Prevention Training - Hartford, CT
March 6, 2009  The State of the State in Workers' Compensation: Dealing with SIF, AAGs, and GAB Robins
February 9, 2009  Connecticut Association of Nonprofits HR Forum
January 21, 2009  FOIA - What Police and Fire Departments Must Know
October 22, 2008  Sexual Harassment Prevention Training - Hartford, CT
October 16, 2008  Sexual Harassment Prevention Training - Stamford, CT
October 15, 2008  Sexual Harassment Prevention Training - Hartford, CT
October 19, 2006  Labor and Employment Department Fall Seminar
May 2006  Employee Trouble Ahead and Steps to Avoid
April 18, 2006  Sexual Harassment Prevention Training Seminar
February 2006  Investigating Employee Misconduct in the Technological Age
March 2005  Overview of Employment Law for Connecticut Businesses
March 2003  From Overtime to Electronic Monitoring: Avoiding Common Pitfalls
March 2003  Pre-Employment Screening, Tools for Smart Hiring
February 2003  From Discipline to Discharge, Strategies for Dealing with Problem Employees
  Supervision of the Problem Employee
  Planning on Staying out of Trouble
  Investigating Employee Misconduct Can Be Treacherous - Do It Right
  Employer Strategies During the Termination Process
© Shipman & Goodwin LLP, 2017. All Rights Reserved.