By Ashwin Madia, Attorney, on January 17, 2012
Posted in Minnesota Human Rights Act (MHRA), Minnesota State District Court, National Origin Discrimination, Race Discrimination, Retaliation, ticker, Workers Compensation Retaliation, Wrongful Termination
This was a case in which an Asian American manager was chosen for termination pursuant to a reduction in force by his employer. In hard economic times, employers sometimes need to cut back in their workforce, and there’s nothing illegal about that. The issue in this case, though, was that the employer chose this particular manager for termination, despite the fact that he had more experience, better performance reviews, and better attendance than his only peer.
The only differences between my client and the other manager who was allowed to keep his job were that: 1) my client was Asian American; and 2) my client had previously applied for workers compensation benefits.
Madia Law sued the employer for racial and national origin discrimination under the Minnesota Human Rights Act and workers compensation retaliation under Minnesota Statute 176.82. The employer did a very wise thing and asked if my client would be willing to engage in an early mediation to try to reach settlement of the case before protracted litigation. The parties met and settled the case within three hours. Sometimes the very best thing an employer can do when faced with factual scenarios like this is to ask for an early mediation to settle the case.
Please note that every case is different, with its own unique facts. Just because my client received a settlement in his case does not mean that you will do the same in your case. You should contact Madia Law to discuss your race discrimination or workers’ compensation retaliation case in detail and get an accurate assessment of its value.