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Employment Litigation

Robinson+Cole’s employment litigators serve regional, national, and international organizations, from start-ups to Fortune 500 companies, and represent corporate, governmental, and nonprofit entities.  If your organization has employees, we can help you.

Although proactive counseling, training, and policy development can help minimize litigation and legal risks, management decisions are frequently challenged in court or in administrative actions. While our lawyers regularly seek to achieve results for our clients through dispositive motions and favorable settlements, we are equally ready to bring cases to trial.

Our Services + Our Team

Robinson+Cole defends employers in employment claims before federal and state trial and appellate courts, administrative agencies, and in arbitrations and mediations. Our broad trial experience enables us to handle virtually any claim filed against our clients. We partner with our clients to avoid litigation exposure or to help them achieve a resolution in step with their business goals. Our employment litigation services including the following:

  • Defending discrimination and retaliation claims based on Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Connecticut Fair Employment Practices Act (CFEPA), and other federal, state, and local equal employment opportunity laws in federal and state court and before administrative agencies
  • Defending single plaintiff and multiplaintiff lawsuits, including collective actions and hybrid class actions, under the Fair Labor Standards Act (FLSA) and state and local wage and hour laws, including exempt/nonexempt misclassification overtime claims and independent contractor misclassification claims in federal and state court and before the Department of Labor (DOL)
  • Defending common law claims based on public policy, contract, or tort, including the covenant of good faith and fair dealing, infliction of emotional distress, fraud, defamation, invasion of privacy, and negligent hiring and supervision in federal and state court
  • Defending free speech, whistleblower retaliation, and similar claims by single and multiple plaintiffs in federal and state court and before government agencies
  • Defending claims before federal, state, and local agencies, including the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), the National Labor Relations Board (NLRB), the Connecticut Commission on Human Rights and Opportunities (CHRO), the Massachusetts Commission Against Discrimination (MCAD), the New York Department of Human Rights (NYDHR), the United States Department of Labor (USDOL), the Connecticut Department of Labor (CTDOL), and many others
  • Enforcing, or preventing enforcement of, noncompetition, nondisclosure, nonsolicitation, and confidentiality agreements; protection of trade secrets; prosecution of misappropriation of trade secret claims; and other intellectual property disputes
  • Coordinating or managing counsel to oversee litigation in multiple forums to achieve cost-savings and minimize risks of inconsistent positions in strategy, discovery, and outcomes

Experience


Damages for Unpaid Sales Commissions

Successfully defended national insurer in a four-day trial from precedent-setting claim by the Connecticut Department of Labor (DOL) seeking compensatory and liquidated damages for unpaid sales commissions to managers based on an agreement used nationally for all managers.

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Global Settlement - Discrimination + Retaliation

Represented a national truck rental company in lawsuits filed by two current and six former employees alleging discrimination based on sex, race, color, and national origin, and retaliation for having opposed discrimination in the workplace in violation of Title VII, Section 1981, and Connecticut law. The plaintiffs also sought to have their claims certified as a class action. Successfully positioned the cases for mediation that resulted in a favorable global settlement.

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Global Specialty Chemical Company Defense

Defended a global specialty chemical company in a lawsuit filed in Connecticut state court by its former vice president of human resources alleging that he was not paid certain amounts for two bonus awards and claiming breach of contract, promissory estoppel, negligent misrepresentation, fraud, and breach of an implied covenant of good faith and fair dealing. As part of his claims, the former employee alleged that the company's chairman and CEO committed fraud, made material misrepresentations, and acted in bad faith. A jury in Danbury Superior Court returned a verdict in favor of our client on all claims.

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Publications


Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile Work Environment Claims teaser
September 17, 2024

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile Work Environment Claims

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties teaser
July 22, 2024

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties

Legal Update: The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate teaser
June 2, 2021

Legal Update: The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile Work Environment Claims teaser
September 17, 2024

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile Work Environment Claims

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties teaser
July 22, 2024

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties

Legal Update: The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate teaser
June 2, 2021

Legal Update: The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate

Legal Update: Remember the Duty to Bargain When Planning Coronavirus Response! (COVID-19 Coronavirus) teaser
March 30, 2020

Legal Update: Remember the Duty to Bargain When Planning Coronavirus Response! (COVID-19 Coronavirus)



Legal Update: Remember the Duty to Bargain When Planning Coronavirus Response! (COVID-19 Coronavirus) teaser
March 30, 2020

Legal Update: Remember the Duty to Bargain When Planning Coronavirus Response! (COVID-19 Coronavirus)

News


November 6, 2025

Robinson+Cole Commends 62 Attorneys Recognized in 2025 Super Lawyers®

Robinson+Cole announced a total of 35 attorneys were named to Thomson Reuters’ Super Lawyers® lists and 27 lawyers were recognized on its “Rising Stars” lists in Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2025. In addition, Robinson+Cole Labor, Employment, Benefits, Immigration + Tax group chair Rachel V. Kushel, Appellate group chair Linda L. Morkan, and Manufacturing Law Industry team chair Jeffrey J. White were named to the Top 50: 2025 Connecticut Super Lawyers list. Rachel and Linda also appear on the Top 25: 2025 Women Connecticut Super Lawyers list. In addition, Bankruptcy + Reorganizations group co-chair, Natalie D. Ramsey was named to the Top 50: 2005 Women Pennsylvania Super Lawyers list. The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Recognized attorneys and their areas of practice include the following: Hartford, CT - Super Lawyers® Wystan M. Ackerman – Class Action Stephen W. Aronson – Employment Lit: Defense Bradford S. Babbitt – Business Litigation Bruce B. Barth – Employee Benefits Garry C. Berman – Real Estate Patrick M. Birney – Bankruptcy: Business Dennis C. Cavanaugh – Construction Litigation Britt-Marie K. Cole-Johnson – Employment & Labor Kathleen Dion – Schools & Education Michael R. Enright – Bankruptcy: Business Gregory R. Faulkner – Construction Litigation Edward J. Heath – Business Litigation Frederick E. Hedberg – Construction Litigation Rachel V. Kushel – Employment & Labor Michael F. Maglio – Banking Virginia E. McGarrity – Employee Benefits Joey Lee Miranda – Energy & Resources Linda L. Morkan – Appellate Martin A. Onorato – Construction Litigation James P. Ray – Environmental Litigation Emilee Mooney Scott – Environmental Rhonda J. Tobin – Insurance Coverage Theodore J. Tucci – Health Care Abby M. Warren – Employment & Labor Jeffrey J. White – Aviation and Aerospace Hartford, CT - Rising Stars Dan A. Brody – Criminal Defense: White Collar Kayla D. O’Leary Daly – Intellectual Property Jason H. DePatie – Insurance Coverage Scott T. Garosshen – Appellate Larry E. Grijalva – Construction Litigation Ryan Hoyler – Land Use/Zoning Kathryn N. Mullin – Real Estate Abigail L. Preissler – Securities & Corp Fin Jonathan H. Schaefer – Environmental Jennifer L. Shanley – Immigration: Business Taylor A. Shea – Business/Corp. Mallori D. Thompson – Business Litigation Taylor A. Vann – Civil Litigation: Defense Stamford, CT – Super Lawyers®  Steven L. Elbaum – Real Estate Brian J. Wheelin – Business Litigation Stamford, CT - Rising Stars Raymond J. Carta – Civil Litigation: Defense Emily C. Deans – Environmental Diana E. Neeves – Environmental Austin G. Provost – Real Estate Massachusetts - Super Lawyers® Kendra L. Berardi – Civil Litigation: Defense Danielle Andrews Long – Civil Litigation: Defense Seth B. Orkand – Criminal Defense: White Collar         Massachusetts - Rising Stars Jessica D. Bardi – Land Use/Zoning Jeffrey R. Gribouski – General Litigation Taz Islam – Business Litigation Rita E. Nerney – Employee Benefits New York Metro - Super Lawyers® John F. McCarrick – Insurance Coverage David D. Rodrigues – Intellectual Property Anna Jinhua Wang – Securities & Corporate Finance Evans E. Wohlforth Jr. – Health Care New York Metro - Rising Stars Joshua A. Dachs – Civil Litigation Sabrina M. Galli – Business Litigation New York Upstate - Rising Stars Danielle H. Tangorre – Health Care Wilmington, DE - Super Lawyers® and Pennsylvania - Super Lawyers® Natalie D. Ramsey – Bankruptcy: Business Pennsylvania - Rising Stars Katherine M. Fix – Bankruptcy: Business Rhode Island - Rising Stars William M. Daley – Business Litigation Kathryn M. Rattigan – Business Litigation

Recognition spans key regions and highlights the firm’s seasoned practitioners and emerging leaders in many business transactions and litigation practices
Robinson+Cole Commends 62 Attorneys Recognized in 2025 <i>Super Lawyers</i>® teaser
August 26, 2025

78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2026

Firm receives top listing in Connecticut lawyer count in national peer review survey
78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2026 teaser
October 31, 2024

Robinson+Cole Lawyers Recognized in 2024 Super Lawyers®

Thomson Reuters
Robinson+Cole Lawyers Recognized in 2024 <i>Super Lawyers</i>® teaser
November 6, 2025

Robinson+Cole Commends 62 Attorneys Recognized in 2025 Super Lawyers®

Robinson+Cole announced a total of 35 attorneys were named to Thomson Reuters’ Super Lawyers® lists and 27 lawyers were recognized on its “Rising Stars” lists in Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2025. In addition, Robinson+Cole Labor, Employment, Benefits, Immigration + Tax group chair Rachel V. Kushel, Appellate group chair Linda L. Morkan, and Manufacturing Law Industry team chair Jeffrey J. White were named to the Top 50: 2025 Connecticut Super Lawyers list. Rachel and Linda also appear on the Top 25: 2025 Women Connecticut Super Lawyers list. In addition, Bankruptcy + Reorganizations group co-chair, Natalie D. Ramsey was named to the Top 50: 2005 Women Pennsylvania Super Lawyers list. The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Recognized attorneys and their areas of practice include the following: Hartford, CT - Super Lawyers® Wystan M. Ackerman – Class Action Stephen W. Aronson – Employment Lit: Defense Bradford S. Babbitt – Business Litigation Bruce B. Barth – Employee Benefits Garry C. Berman – Real Estate Patrick M. Birney – Bankruptcy: Business Dennis C. Cavanaugh – Construction Litigation Britt-Marie K. Cole-Johnson – Employment & Labor Kathleen Dion – Schools & Education Michael R. Enright – Bankruptcy: Business Gregory R. Faulkner – Construction Litigation Edward J. Heath – Business Litigation Frederick E. Hedberg – Construction Litigation Rachel V. Kushel – Employment & Labor Michael F. Maglio – Banking Virginia E. McGarrity – Employee Benefits Joey Lee Miranda – Energy & Resources Linda L. Morkan – Appellate Martin A. Onorato – Construction Litigation James P. Ray – Environmental Litigation Emilee Mooney Scott – Environmental Rhonda J. Tobin – Insurance Coverage Theodore J. Tucci – Health Care Abby M. Warren – Employment & Labor Jeffrey J. White – Aviation and Aerospace Hartford, CT - Rising Stars Dan A. Brody – Criminal Defense: White Collar Kayla D. O’Leary Daly – Intellectual Property Jason H. DePatie – Insurance Coverage Scott T. Garosshen – Appellate Larry E. Grijalva – Construction Litigation Ryan Hoyler – Land Use/Zoning Kathryn N. Mullin – Real Estate Abigail L. Preissler – Securities & Corp Fin Jonathan H. Schaefer – Environmental Jennifer L. Shanley – Immigration: Business Taylor A. Shea – Business/Corp. Mallori D. Thompson – Business Litigation Taylor A. Vann – Civil Litigation: Defense Stamford, CT – Super Lawyers®  Steven L. Elbaum – Real Estate Brian J. Wheelin – Business Litigation Stamford, CT - Rising Stars Raymond J. Carta – Civil Litigation: Defense Emily C. Deans – Environmental Diana E. Neeves – Environmental Austin G. Provost – Real Estate Massachusetts - Super Lawyers® Kendra L. Berardi – Civil Litigation: Defense Danielle Andrews Long – Civil Litigation: Defense Seth B. Orkand – Criminal Defense: White Collar         Massachusetts - Rising Stars Jessica D. Bardi – Land Use/Zoning Jeffrey R. Gribouski – General Litigation Taz Islam – Business Litigation Rita E. Nerney – Employee Benefits New York Metro - Super Lawyers® John F. McCarrick – Insurance Coverage David D. Rodrigues – Intellectual Property Anna Jinhua Wang – Securities & Corporate Finance Evans E. Wohlforth Jr. – Health Care New York Metro - Rising Stars Joshua A. Dachs – Civil Litigation Sabrina M. Galli – Business Litigation New York Upstate - Rising Stars Danielle H. Tangorre – Health Care Wilmington, DE - Super Lawyers® and Pennsylvania - Super Lawyers® Natalie D. Ramsey – Bankruptcy: Business Pennsylvania - Rising Stars Katherine M. Fix – Bankruptcy: Business Rhode Island - Rising Stars William M. Daley – Business Litigation Kathryn M. Rattigan – Business Litigation

Recognition spans key regions and highlights the firm’s seasoned practitioners and emerging leaders in many business transactions and litigation practices
Robinson+Cole Commends 62 Attorneys Recognized in 2025 <i>Super Lawyers</i>® teaser
August 26, 2025

78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2026

Firm receives top listing in Connecticut lawyer count in national peer review survey
78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2026 teaser
October 31, 2024

Robinson+Cole Lawyers Recognized in 2024 Super Lawyers®

Thomson Reuters
Robinson+Cole Lawyers Recognized in 2024 <i>Super Lawyers</i>® teaser
October 28, 2020

Three Lawyers From Robinson+Cole’s New York Office Recognized by Super Lawyers®

Super Lawyers®
October 8, 2020

Robinson+Cole Recognized by Benchmark Litigation

October 17, 2019

Robinson+Cole Lawyers Recognized by Super Lawyers®

October 2, 2019

Robinson+Cole Recognized by Benchmark Litigation

October 24, 2018

Robinson+Cole Recognized by Benchmark Litigation

October 18, 2016

Robinson+Cole Lawyers Recognized by Super Lawyers®


October 28, 2020

Three Lawyers From Robinson+Cole’s New York Office Recognized by Super Lawyers®

Super Lawyers®
October 8, 2020

Robinson+Cole Recognized by Benchmark Litigation

October 17, 2019

Robinson+Cole Lawyers Recognized by Super Lawyers®

October 2, 2019

Robinson+Cole Recognized by Benchmark Litigation

October 24, 2018

Robinson+Cole Recognized by Benchmark Litigation

October 18, 2016

Robinson+Cole Lawyers Recognized by Super Lawyers®