Conn. High Court Says Employer Not Entitled to Immunity from Retaliation Counterclaim

HARTFORD, Conn. — The Connecticut Supreme Court has ruled that the absolute immunity usually afforded a plaintiff seeking a judicial remedy doesn’t shield an employer engaged in a dispute over a workers’ compensation release from the employee’s counterclaim for retaliation.

The high court declined to adopt a more expansive “litigation privilege” as applied in some other states, instead affirming the trial court’s decision on immunity and its denial of employer MacDermid Inc.’s motion to dismiss. The opinion is to be released Nov. 26.

“We agree with the defendant and conclude that the trial court properly determined that, when an employer’s …