Employment

The seasoned employment attorneys at Hurwitz Sagarin Slossberg & Knuff have successfully represented hundreds of individuals and businesses in navigating workplace disputes. Applying our deep knowledge of the complex web of laws governing the employer-employee relationship, we have negotiated, litigated, and appealed a broad range of employment law matters to achieve positive outcomes for our clients. Our team also provides mediation and arbitration services to resolve workplace disputes.

Representing Individuals in Workplace Disputes

On behalf of individuals, HSSK’s employment law attorneys have successfully brought cases against employers or former employers to challenge a host of unlawful employment practices. Our attorneys are known for our problem-solving mindset and our tenacity and thoroughness in resolving complex matters. Our cases have included executive-level disputes and class actions involving seven-figure settlements.

Providing Employers with Advice and Counsel

For an employer, potential liability can be minimized by setting up and maintaining legally sound employment practices. We counsel employers on instituting and enforcing policies and procedures that ensure their workplace complies with all federal and state laws governing the employer-employee relationship. Our management-side services include drafting employee handbooks, employment contracts, and non-compete agreements, as well as leading anti-discrimination and sexual harassment training, and more. We also defend employers from claims brought by employees, former employees and prospects.
We have achieved successful outcomes for clients in matters involving:

• Discrimination on the basis of age, race, disability, sex, sexual orientation, and other protected characteristics
• Sexual harassment
• Wrongful termination and retaliation
• Family and Medical Leave Act (FMLA) violations
• Wage-and-hour disputes
• Negotiations of reasonable accommodations for individuals with disabilities
• Negotiations of severance agreements
• Non-compete agreements
• Free speech violations/whistleblower actions
• Labor law

Our employment law practice is led by Partner Gary Phelan, who has more than 35 years of employment law experience. A nationally recognized thought leader on workplace law topics,
Gary has published two treatises on discrimination in the workplace and, as a member of the National Employment Lawyers Association, advised the disability rights community on amending the Americans with Disabilities Act (ADA) in 2008. Gary is a trusted source on employment law topics in national and local media in addition to serving as an adjunct instructor at Quinnipiac University School of Law.

Our attorneys represent clients in matters before Connecticut state courts, federal courts, the Connecticut Commission on Human Rights and Opportunities, the Connecticut Department of Labor, and the Equal Employment and Opportunity Commission.

Representative Matters

• Represented more than 20 employees in successfully challenging the validity of waivers in which they had agreed not to sue their employer as part of settlement agreements that resulted from layoffs. The court held that the waivers violated the Older Workers Benefit Protection Act and, as a result, the employees could keep their settlement while still pursuing age discrimination claims against their former employer. Suhy v. Allied Signal, 44 F. Supp. 2d 432 (D. Conn. 1999)
• Negotiated a severance agreement for senior executive who was told by the company president that it was time for him to retire.
• In a case of first impression, the federal court upheld a retaliation claim under Section 504 of the Federal Rehabilitation Act filed by a special education teacher who alleged that her employment contract was not renewed because of her advocacy on behalf of students with disabilities. Sturm v. Rocky Hill Board of Education, 2005 U.S. Dist. LEXIS 4954 (D. Conn. 2005)
• Successfully represented a group of 21 employees alleging that the former owner of their company refused to pay retention bonuses.
• Represented the plaintiff in a landmark discrimination case in which the court held for the first time that obesity may be a disability under Connecticut’s Fair Employment Practices Act. The court also upheld the plaintiff’s perceived disability claim under the Americans with Disabilities Act. Conner v. McDonald’s, No. 3:02CV382 (SRU) (March 3, 2003)
• Co-Counsel in an ERISA case representing five executives entitled to severance from their former employer despite its sale to a new owner.
• Represented a senior executive alleging that she was terminated in retaliation for complaining about sexual harassment.
• Represented 30 hairstylists, who alleged that the hair salon where they worked violated the Fair Labor Standard Act and Connecticut’s Minimum Wage Act by refusing to pay employees for training sessions, training-related assignments and office meetings.
• Represented an employee of a nonprofit organization whose employment was terminated, alleging that it was in retaliation for taking medical leave for emotional trauma related to domestic violence, violating federal FMLA and Connecticut FMLA.
• Represented an employee in a case in which the U.S. District Court held that employers may be required under the ADA to grant medical leave beyond the 12 weeks offered under the FMLA as an accommodation for a disability. Kohler v. Fairfield Board of Education, (D. Conn),
• Successfully represented a former employee challenging her employer’s mandatory arbitration policy. Brooks v. Travelers, 297 F3d 167 (2d Cir. 2002)
• Represented a law firm partner, who alleged he was terminated based on his age after a global law firm acquired the law firm for which he had worked for decades.
• Drafted employee handbooks for employers.
• Defended hair stylists sued by their employer in Connecticut Superior Court for violating non-compete agreements.