Elizabeth K. Rattigan

Director, Labor & Employment Chair

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Elizabeth Rattigan Bio Photo
  • Overview

    • Labor and employment counselor and litigator - experienced, shrewd, exceptional good sense.

      For twenty years, Beth Rattigan has focused her practice in the areas of employment law, labor law, and commercial litigation in Vermont and New Hampshire. It is this concentrated experience that enables Beth to guide her clients around obstacles before they even manifest and to resolve conflict when it finally arises. In her employment practice, Beth regularly defends employers in federal and state court matters such as wrongful discharge and discrimination claims. She provides advice and training to management regarding employment law compliance and human resource issues including hiring, discipline, termination, reductions in force, wage and hour practices, investigations, sexual harassment, employee relations, employee training, personnel policies and employment agreements.

      Beth also represents businesses in litigation matters including commercial disputes, contracts, unfair competition, non-compete agreements, trade secrets and insurance litigation.

  • Experience

      • Successfully defended aerospace industry employer against employee whistleblower claim.
      • Defended a large international manufacturing firm in a workers’ compensation, FMLA, ADA employment litigation by finding a creative solution that was cost effective for the company.
      • Represented a manufacturer in a complex and sensitive sexual harassment claim that threatened to significantly hamper the company’s business operations, but was ultimately resolved without litigation.
      • Represented a multi-state employer throughout comprehensive Department of Labor audit of wage and hour practices, and successfully negotiated resolution and reduced penalties.
      • Defended a hospital in an employment dispute with a physician, successfully avoiding a protracted and expensive litigation.
      • Counseled a health care client through a difficult reduction in force.
      • With a team of Downs Rachlin Martin colleagues, represented a large energy producer in connection with a union organizing campaign and representation case before the NLRB.
      • Defended a manufacturer and successfully resolved a gender discrimination litigation involving former owners of the company.
      • Successfully represented a media company in a non-competition lawsuit brought to enforce a non-competition agreement with a former employee.
      • Defended an international software company and its senior engineer in a complex trade secret misappropriation and non-competition lawsuit, defeating plaintiff’s request for preliminary injunction in federal district court, affirmed by the circuit court, resulting in the plaintiff’s ultimate withdrawal of the lawsuit.
      • Representative client industries include manufacturing, banking, health care, schools, municipalities, engineering, social services, retail, energy, technology.
  • Admissions & Clerkships

    • Vermont, 1996

      New Hampshire, 1998

      U.S. District Court for the District of  New Hampshire, 1999

      U.S. District Court for the District of Vermont, 1999

      U.S. Court of Appeals for the First Circuit, 2009

  • Reported Cases

      • ANSYS, Inc. v. Computational Dynamics North America Ltd and Doru A. Caraeni, 595 F.3d 75 (1st Cir. 2010) (non-compete and trade secret litigation)
      • ANSYS, Inc. v. Computational Dynamics North America, Ltd, Civil No. 09-CV-284-SM, 2009 WL 4403745 (D.N.H. Nov. 25, 2009) (non-compete and trade secret litigation)
      • Nordica USA Corp. v. Ole Sorensen, 475 F. Supp. 2d 128, (D.N.H. 2007) (jurisdiction for patent prosecution)
      • State Farm Mutual Auto Ins. Co. v. Powers, 169 Vt. 230, 732 A.2d 730 (1999) (underinsured motorist coverage action)
  • Publications & Presentations

    • Publications:

      • Guest Columnist, HR PRO, Valley News, Top HR Issues for 2016 (March 2016)
      • Guest Columnist, HR PRO, Valley News, Enterprise Business Supplement, Big OT Rule Change Could Mean a Big Change to Your Bottom Line (October 2015)
      • Author, Social Media Policies – Trap for the Unwary Employer?, New Hampshire Business Magazine (April 2013)
      • Co-author, 50-State Survey of Employment Defamation and Privacy Law - Vermont Employment Privacy Law (Libel Defense Resource Center 1998 ed. And 2002 Supp.)

      Presentations:

      • Speaker, Maine HR Convention, Seven in Seven: Economic and Cultural Trends Impacting the Law of the Workplace (Rockport, ME, May 12, 2017)
      • Speaker, Strategic HR at Mt. Washington, Seven in Seven: Economic Trends Impacting the Law of the Workplace (Bretton Woods, NH, October 23, 2016)
      • Guest on VPR's Vermont Edition, You're Fired! The Right Way and The Wrong Way (August 26, 2014)
      • Speaker, FLSA Wage and Hour Law Update and Leaves of Absence, Lorman Education Services (Vermont, February 2014)
      • Speaker, Employment Law Panel: Managing Difficult Employees, 2013 Society for Human Resource Management (SHRM) Vermont State Conference (South Burlington, Vermont, September 16-19, 2013)
      • Speaker, NLRB Guidance and Enforcement Actions, Vermont Bar Association Mid-Winter Meeting (Burlington, Vermont, March 14-15, 2013)
      • Speaker, Social Media and the NLRB, 2012 Society for Human Resource Management (SHRM) Vermont State Conference (Burlington, Vermont, September 17-18, 2012)
      • Beth regularly lectures and writes on employment law issues including topics such as internal investigations, employment litigation, FLSA wage and hour issues, and termination best practices.
  • Memberships & Activities

      • American Bar Association: Labor and Employment Section, Litigation Section, Women’s Advocate Committee, 1998
      • New Hampshire Bar Association: Labor and Employment Committee
      • River Valley Human Resources Association
      • Society of Human Resource Management
      • Tri-State Defense Lawyers Association
      • Vermont Bar Association: Employment Law Section
  • Accolades

    • Chambers & Partners, Labor and Employment

  • Community Involvement

    • Beth is a member of the Partners in Community Wellness (formerly board of overseers), of Dartmouth-Hitchcock Medical Center. She serves on the board of the Pentangle Arts Council in Woodstock, VT. She also is a member of the Community Impact Committee of Granite United Way.

Labor and employment counselor and litigator - experienced, shrewd, exceptional good sense.

For twenty years, Beth Rattigan has focused her practice in the areas of employment law, labor law, and commercial litigation in Vermont and New Hampshire. It is this concentrated experience that enables Beth to guide her clients around obstacles before they even manifest and to resolve conflict when it finally arises. In her employment practice, Beth regularly defends employers in federal and state court matters such as wrongful discharge and discrimination claims. She provides advice and training to management regarding employment law compliance and human resource issues including hiring, discipline, termination, reductions in force, wage and hour practices, investigations, sexual harassment, employee relations, employee training, personnel policies and employment agreements.

Beth also represents businesses in litigation matters including commercial disputes, contracts, unfair competition, non-compete agreements, trade secrets and insurance litigation.

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