Retaliation and Wrongful Termination Law in Connecticut
Under Connecticut law, unlawful termination and retaliation claims arise under three distinct legal theories: common-law wrongful discharge in violation of public policy under Sheets v. Teddy's Frosted Foods, Inc., 179 Conn. 471 (1980); statutory anti-retaliation provisions under the Connecticut Fair Employment Practices Act, CGS § 46a-60(b)(4)1, and federal law (Title VII, ADA, ADEA, FMLA); and statutory whistleblower protections under CGS § 31-51m2.
A prima facie retaliation claim requires: (1) participation in protected activity known to the employer; (2) an adverse employment action; and (3) a causal connection between the protected activity and the adverse action. Protected activity encompasses opposing discriminatory practices, requesting disability or religious accommodations, filing a CHRO or EEOC complaint, participating in administrative investigations, or reporting statutory violations. While close temporal proximity between protected activity and adverse action can establish a prima facie inference of causation, temporal proximity alone is insufficient to establish pretext at summary judgment once the employer articulates a legitimate, non-retaliatory rationale.
Under the McDonnell Douglas burden-shifting framework, liability turns on whether the employer's stated reason—such as restructuring, documented misconduct, or poor performance—was a pretext for unlawful retaliation. Pretext is proven through shifting explanations, disparate discipline of similarly situated non-complaining employees, deviations from written disciplinary policies, or contemporaneous communications demonstrating retaliatory animus.
Statutory Filing Deadlines
CFEPA retaliation claims must be filed with the CHRO within 300 days of the adverse act under CGS § 46a-82(f)(2). By contrast, whistleblower claims under CGS § 31-51m must be brought in Connecticut Superior Court within 90 days of the violation, following the exhaustion of administrative remedies where applicable.
For Employers
Employer exposure in retaliation claims frequently stems from post-hoc justifications and inconsistent personnel records. I counsel employers before terminations occur to audit the decision record, confirm compliance with progressive discipline policies, and verify that decisionmakers have documented objective, non-retaliatory grounds.
When an agency complaint is filed, I draft CHRO position statements grounded in contemporaneous performance evaluations and disciplinary records, seeking dismissal at the Merit Assessment Review stage or through summary judgment. I also structure enforceable severance agreements and releases that comply with the Older Workers Benefit Protection Act (OWBPA) and Connecticut contract law.
For Employees
Employees who experience adverse action following protected activity—such as opposing workplace discrimination, reporting wage non-payment, or whistleblowing on statutory violations—must act within strict statutory deadlines.
I evaluate the causal link between the protected complaint and the employer's adverse action, identify pretextual justifications, and preserve critical electronic records. Depending on the statutory basis, I prosecute claims before the CHRO (under CFEPA's 300-day window) or initiate direct Superior Court actions under CGS § 31-51m (within 90 days) or common-law public policy.