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Connecticut Law Firm Broder & Orland, LLC (along with its founding partner Carole Topol Orland, Esq.) is facing serious allegations in a lawsuit filed by the firm’s former employee, Kathleen Russell. Ms. Russell, former assistant of Ms. Orland, alleges that she was fired so that the firm would not have to pay her the proper benefits under the firm’s ERISA retirement plan and that she was not properly compensated for all the hours that she worked.

Fact Summary

Kathleen Russell was initially hired on January 3, 2013 as a temporary receptionist. Eventually, she became Orland’s assistant. During her employment with Broder & Orland, Russell alleged that she worked no less than 48 hours per week, but also had periods where she worked in excess of 50 hours per week as Carole Topol Orland's assistant. She also alleged that she worked through her lunch period and was expected to respond to emails from Orland even during her scheduled time off. Ms. Russell’s complaint stated she made an annual salary of $55,000.00. Russell alleges through her attorney, Anthony R. Minchella of Minchella & Associates, LLC, that she was not properly compensated for her work in excess of 40 hours each week, that her employer knew she worked through lunch, and that the firm did not keep proper records of the hours she worked and the pay she was entitled to receive.

Ms. Russell also alleged that she was terminated on November 4, 2016 around 1:00 PM because “the firm had grown and their needs changed.” Ms. Russell was over the age of 55 when she worked for Broder & Orland and was required to be part of a defined benefit plan. This plan was implemented one year after Ms. Russell was hired. The firm acted as the fiduciary and had control of the operation and administration of the plan. Ms. Russell alleged in her complaint that she was fired in order to stop her from being properly vested and so that the senior partners could increase their contributions into the plan without paying her the same benefits. It is alleged that Broder & Orland, LLC violated their position as fiduciary of the plan by not acting in Ms. Russell’s best interest as a participant.

In other words the lawsuit alleges that Russell was fired by Orland so the partners could make more money and not pay their employees a lawful wage!

Ms. Russell has asked the court for back pay, front pay, reinstatement, compensatory damages, punitive damages, liquidated damages, attorneys’ fees, an accounting of the ERISA benefit plan (including individual and matching contributions), costs, and any other legal and equitable relief the court would grant.  Generally awards for punitive damages are not covered by law firms insurance policies, meaning that the Carol Topol Orland and her firm may have to pay for damages out of their own pockets. Russell also requested a trial by jury.

Did Broder & Orland Violate Federal and State Employment Laws?  Maybe.