Court Allows an In-House Lawyer to File a Wrongful Discharge Claim

October 29, 2003

Courts throughout the country have debated whether in-house lawyers may ever file wrongful discharge claims, if the claim might require disclosure of confidential information protected by the attorney-client privilege.

The court in O’Brien v. Stolt-Nielson Transportation Group, Ltd., No. X09CV0201900515, 2003 Conn. Super. LEXIS 1763, at *15-16 (Conn. Super. Ct. June 13, 2003) analyzed the debate, and concluded “that there is no persuasive rationale for per se barring suits by in-house attorneys for wrongful termination or constructive discharge.”

Companies and their in-house lawyers may face unfortunate circumstances where this issue might be dispositive.