Jean Tomasco's practice involves employer counseling and employment litigation, with an emphasis on the Employee Retirement Income Security Act (ERISA) and benefits litigation. She is a member of the firm’s Health and Benefits Litigation Group and its Labor and Employment Group.
Employee Benefits and Compensation Litigation
Ms. Tomasco has over two decades of experience handling benefit claims litigation. She represents insurers, managed care organizations, and employers in benefit claims litigation, including retaliatory discharge claims and claims brought against plan fiduciaries. She represents plan administrators and insurers in enforcing plan and policy terms and recovering overpayments. Ms. Tomasco’s extensive experience in this area has led to positive results for her clients, such as her successful defense of a financial institution against a claim by its pension plan participants for additional retirement benefits.
Ms. Tomasco counsels employers on a variety of employment matters, including hiring practices, termination of employees, employment-related immigration issues, unemployment compensation issues, wage and hour matters, drug testing, and personnel policies and handbooks. Her clients include employers of all sizes in a range of industries, including in manufacturing, financial services, and health care.
Ms. Tomasco has advised a number of clients on ERISA preemption of state laws, and she counsels clients regarding COBRA and other employee benefits issues. Ms. Tomasco also has advised insurers and managed care organizations regarding the drafting and interpretation of various plan provisions. She has extensive experience in managed care contracting, including the drafting of self-funded plan administration agreements and delegated vendor arrangements.
Ms. Tomasco represents employers before state and federal courts and administrative agencies, including the Connecticut Commission on Human Rights and Opportunities (CHRO). She has defended employers against all types of employment-related claims, including discrimination and wrongful discharge claims. Ms. Tomasco has achieved results for clients. Her defense of an employer against a former employee’s race discrimination claim led to it being withdrawn. She has successfully defended several race, age, and national origin discrimination cases against a nonprofit organization, ultimately getting the cases withdrawn or dismissed.
Ms. Tomasco’s pro bono work includes helping non-profit arts and community service organizations develop their policies and handbooks. She also serves community meals as a volunteer for Hands on Hartford.
Ms. Tomasco is a regular speaker on ERISA litigation and employment matters, and she writes for the firm’s ERISA Claim Defense Blog. She also contributes to the firm’s Data Privacy + Security Insider publication.