What Employment Compliance & Pre-litigation Counsel Covers
Employment compliance and pre-litigation counsel is the service category for matters that do not involve active litigation or an agency proceeding. It covers compliance questions, contract review, personnel decisions, and dispute prevention. The work product is a decision, a document, or a course of action -- not a court filing.
Connecticut employment law diverges from federal law in ways that affect routine employer decisions. The Connecticut Fair Employment Practices Act covers all employers with one or more employees. Connecticut FMLA applies after three months of service, against the federal threshold of twelve months and 1,250 hours. The paid sick leave law, wage payment statutes, and paid family and medical leave program each impose obligations that have no federal equivalent. These engagements address those obligations before a complaint is filed.
For Employers
I consult with employers on the personnel decisions that generate claims in Connecticut: termination and separation procedures, leave administration under CT FMLA and CT Paid Leave, accommodation requests under the ADA and CFEPA, performance documentation, and investigation procedures. I also review employment contracts, non-compete agreements, and severance terms before they are signed.
Advisory engagements are billed hourly with no minimum commitment. For employers with recurring needs, I work on retainer arrangements. The deliverable is the compliance step, the documentation, or the decision framework -- not a memo that restates the problem.
For Employees
Most employee consultations happen before an irreversible step: an email to HR, a written response to discipline, or a signature on a separation agreement. The work is to read what you were given, identify deadlines, and explain what you give up if you sign or quit.
Deadlines are not flexible. A CHRO discrimination charge must be filed within 300 days of the act (CGS § 46a-82(e)). Documentation while events are fresh usually determines whether a later claim is viable.
How Engagements Work
Advisory matters are billed at the compliance and pre-litigation hourly rate listed on the Fees & Services page. Engagements can be a single consultation or an ongoing relationship. No retainer is required for advisory matters unless the engagement is structured as a standing retainer arrangement.