FAQ

Yes, all employment law claims are subject to strict legal deadlines, known as statutes of limitation. It is critically important to understand and meet these deadlines. Failing to file a claim before the applicable deadline expires may permanently prevent you from pursuing legal action, regardless of the merits of your case.

The specific deadline depends entirely on the type of legal claim you are pursuing. For many types of discrimination and retaliation claims, you must first file a complaint with an administrative agency, such as the Connecticut Commission on Human Rights and Opportunities (CHRO), often within 180 days of the adverse employment action. Other claims, such as a breach of contract claim, have a different and sometimes longer timeline. Calculating the precise deadline is a fact-specific analysis that requires careful legal review.

One of the primary objectives of an initial consultation is to identify the potential claims you may have and determine the specific deadlines that apply to your circumstances. This ensures that we can preserve your rights by taking timely and appropriate action.

While every case is unique, most employment matters follow a general progression. The process begins with an initial consultation where I learn about your situation and review relevant documents. This is followed by a more detailed investigation and legal analysis on my part. Depending on the facts, the next step may involve sending a demand letter to the employer to try and resolve the matter privately or filing a formal complaint with an administrative agency like the CHRO or the Equal Employment Opportunity Commission (EEOC).

If the matter is not resolved through negotiation or the agency process, the next stage is litigation. This begins with filing a lawsuit in court. The litigation process itself has several phases, including discovery, where both sides exchange information and take depositions. This is often followed by motion practice, where parties ask the court to rule on legal issues. The matter may then proceed toward trial, though many cases are resolved through a settlement agreement or mediation at some point during this process.

It is important to remember that this is a general outline. The specific path your case takes will depend on many factors, including the nature of your claims and the strategy we decide to pursue.

The timeline for resolving an employment law case varies significantly, and it is not possible to predict a precise duration at the outset. The length of time depends on a wide array of factors that are unique to each matter. Some cases may resolve relatively quickly through negotiation in a matter of a few months.

If a case proceeds to an administrative agency, the investigation phase alone can take many months to a year or more. Should the case move into litigation in state or federal court, it is common for the process to take one to two years, and sometimes longer, to reach a final resolution through settlement or trial. Factors influencing this timeline include the complexity of the case, the court's calendar, the volume of evidence involved in the discovery process, and the willingness of the parties to engage in settlement discussions.

Determining whether you have a viable legal claim is a fact-specific analysis. To succeed, your situation must satisfy all the required legal elements for a particular cause of action. This analysis is the necessary starting point for any potential engagement.

There is no perfect claim. The strength of a case often depends on the egregiousness or willfulness of the employer's conduct and the significance of the damages you have suffered, such as job loss, a denied promotion, or lost benefits. My role is to help employees pursue valid claims for breaches of contract or violations of law.

As an advocate for fair employment practices, I strongly encourage employees to understand their rights and pursue all valid claims when they believe a breach of contract or violation of law has occurred. Conversely, I also advise employers to diligently ensure their workplace decisions are legally defensible and their practices proactively minimize potential liability. My commitment is to foster environments where rights are respected and businesses operate with integrity.

It is better to ask:

1. Did I fulfill my basic employment responsibilities?
2. Was I qualified for the position I held?
3. Did my employer make an adverse employment decision against me, up to and including termination?
4. Is there direct or inferential evidence that this decision was motivated by illegal discrimination or harassment?

I provide you with a reasonable period, which is up to ten days, to consider the terms of a proposed engagement agreement. You may, of course, decide sooner.

I believe it is important for you to address any uncertainty at the beginning of our potential relationship, particularly regarding the scope of work, expected costs, and your budget.

I must decline representation if you are uncertain about bringing a claim, if you are unwilling to pay your bills as they become due, or if the facts presented make effective representation impossible. Should these concerns be alleviated, I may reconsider an engagement.

If my representation of you terminates before the conclusion of a matter, I will not re-engage on that same matter.

I believe that clear and consistent communication is fundamental to a productive attorney-client relationship. You can expect to receive substantive updates from me at every significant milestone in your case. This includes when we file a complaint or charge, when we receive a response from the opposing party, during key phases of discovery, and before and after major events like depositions, court hearings, or mediation sessions.

I will promptly communicate any settlement offers and discuss their terms with you. You are always welcome to contact me by email or telephone with questions, and I make every effort to respond in a timely manner. Additionally, my detailed monthly billing statements provide a summary of all work performed, serving as another regular touchpoint on the progress of your matter.

Yes, as a general rule, the information you share with me is confidential. This ethical duty is one of the most important obligations I have as an attorney. For clients, this duty is governed by Rule 1.6 of the Rules of Professional Conduct, which protects all "confidential information." Rule 1.0 defines this term very broadly to include any information relating to the representation that is not generally known. I may only reveal this information with your informed consent or as specifically permitted by an exception within Rule 1.6.

This duty of confidentiality also extends to prospective clients under Rule 1.18, even if you do not hire me, and continues for former clients under Rule 1.9.

It is important to distinguish the ethical duty of confidentiality from the legal concept of attorney-client privilege. The privilege is a rule of evidence, codified in Connecticut General Statutes § 52-146r, that can prevent me from being compelled to testify in a legal proceeding about our confidential communications made for the purpose of seeking legal advice.

The ethical duty of confidentiality is much broader than the evidentiary privilege, and you should not assume they are identical. Information can be confidential even if it is not privileged. For example, one of the limited exceptions under Rule 1.6 permits me to disclose information to the extent reasonably necessary to secure confidential legal advice about my own compliance with the Rules of Professional Conduct.

I take data security very seriously, and my approach is guided by my professional duties under the Connecticut Rules of Professional Conduct. These duties require me to maintain competence in the use of technology (Rule 1.1), take reasonable efforts to prevent unauthorized access to or disclosure of client information (Rule 1.6(e)), safeguard client property (Rule 1.15), and properly supervise vendors and assistants (Rules 5.1 and 5.3).

I use reputable, cloud-based services that employ strong encryption for data both in transit and at rest, and these services provide for data redundancy and regular backups. When selecting technology vendors, I review their privacy policies and, where practicable, I avoid services that use client data for telemetry or to train artificial intelligence models. For electronic signatures, I use platforms that create secure, verifiable audit trails.

I periodically review my security protocols to adapt to evolving threats. However, I must acknowledge that no data security system is perfectly impenetrable. I am committed to employing reasonable and competent measures to protect your information.

In Connecticut, employment is presumed to be "at-will." This is a legal doctrine that means, in the absence of a specific contract stating otherwise, either the employer or the employee may terminate the employment relationship at any time. The termination can be for any reason or for no reason at all, without legal liability.

However, there are very important exceptions to the at-will employment rule. An employer cannot terminate an employee for an illegal reason. Illegal reasons include discrimination based on a protected characteristic such as race, age, gender, disability, or religion. It is also illegal to terminate an employee in retaliation for engaging in a legally protected activity, such as reporting harassment or filing a wage complaint. Other exceptions include terminations that breach the terms of an employment contract or violate a clear mandate of public policy.

The Connecticut Commission on Human Rights and Opportunities, or CHRO, is the state agency responsible for enforcing Connecticut's anti-discrimination laws, such as the Connecticut Fair Employment Practices Act. The Equal Employment Opportunity Commission, or EEOC, is the federal agency that enforces federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

While they are separate agencies enforcing different sets of laws, the CHRO and EEOC have a work-sharing agreement. This means that if you file a charge of discrimination with one agency, it is typically cross-filed with the other. This process helps protect your rights under both state and federal law. The deadlines and procedures for each agency can be complex, and the choice of where to initiate your claim can be a strategic one. I can help you understand the benefits of each forum and ensure your claim is filed correctly.

A severance agreement is a legally binding contract. By signing it, you are almost certainly agreeing to a broad release of all legal claims you may have against your former employer in exchange for the offered payment. Your employer has its own legal counsel draft these agreements to protect its interests. It is wise for you to have your own attorney review the document to ensure you fully understand the rights you are giving up.

My review of a severance agreement involves a careful analysis of every term. Beyond the release of claims, I examine provisions such as non-compete, non-solicitation, and non-disparagement clauses that can impact your future career. A professional review helps determine if the offer is fair compensation for the rights you are surrendering. In many situations, there is an opportunity to negotiate for more favorable terms, and having an attorney advise you through that process is valuable.

In addition to my legal fees for time and service, pursuing a legal matter involves out-of-pocket expenses, which are often referred to as litigation costs. These are payments made to third parties for services necessary to advance your case. Common examples include court filing fees, fees for a professional process server to deliver legal documents, court reporter fees for depositions, and the cost of obtaining deposition transcripts.

Other significant costs can include fees for expert witnesses who may need to provide testimony, fees for a mediator if we attempt to resolve the case through mediation, and charges for extensive document copying or electronic data management. Per our engagement agreement, the client is responsible for these costs. I am committed to managing these expenses prudently and will discuss any significant anticipated costs with you in advance.