A Connecticut Appellate Court reversal of a Superior Court ruling in a workers’ compensation retaliation termination case is part of a continuing trend of similar state cases favoring plaintiffs suing their employer, experts said Friday.
“This ruling could be a big deal. This ruling shows that state law is more advantageous for plaintiffs than the federal law. The Appellate Court applied the ‘motivating factor test.’ That means a protected class of a plaintiff is a motivating factor in an employer’s action. In this case, the plaintiff was in a protected class because he filed a worker’ compensation claim,” said employment attorney Robert Mitchell, who is not involved in Gibilisco v. Tilcon Connecticut.