Here at Madia Law, a huge number of the clients we serve are people that have been injured while at work.

In Minnesota, your employer must pay for your care if you are injured at work.  Employers in Minnesota are required to carry workers’ compensation insurance and use that insurance when an employee has been injured on the job.

That said, the first thing you need to do if you’ve been injured on the job is report the injury to a supervisor.

Now – let’s be careful here:  Most employers have policies and procedures around when and how to report workplace injuries.  Most employers require you to report injuries to a supervisor as soon as they happen no matter how small the injury.  Make a commitment today, after reading this post, to look at your employee handbook and read the workplace injury policy.  Familiarize yourself with this policy, commit it to memory, so you know exactly what is expected of you if you get injured.

Even if you don’t know your employer’s specific policy, however, make sure to report all workplace injuries to a supervisor as soon as you are able to do so.  After you’ve reported the workplace injury, follow your employer’s instructions about what to do next.

What if my employer won’t pay for my treatment after I’ve been injured on the job?

In the event that you report your injury to your employer and your employer doesn’t let you fill out paperwork to file a workers’ compensation claim, you’ll need a workers’ compensation attorney.  While we aren’t workers’ compensation attorneys here at Madia Law, we have great relationships with a variety of workers’ compensation attorneys and would be happy to connect you with someone.

What if my employer fires me after I’ve been injured?

Your employer is not allowed to fire you because you got injured on the job.  For that matter, your employer is not allowed to treat you in any negative way because you’ve been injured on the job – that means that your employer is not allowed to demote you, cut your hours, cut your pay, or terminate you because you’ve been injured.

If you feel you’re being treated differently because you were injured on the job, call us at Madia Law for a free consultation.

What if my employer won’t accommodate my physical limitations after I’ve been injured?

If you have physical limitations or are disabled as a result of your injury, your employer must try to accommodate the physical limitations attendant with your recovery or disability.  If your employer refuses to provide you with any accommodations, call us at Madia Law for a free consultation.

Here at Madia Law, a huge number of the clients we serve are people that have been injured while at work.

In Minnesota, your employer must pay for your care if you are injured at work.  Employers in Minnesota are required to carry workers’ compensation insurance and use that insurance when an employee has been injured on the job.

That said, the first thing you need to do if you’ve been injured on the job is report the injury to a supervisor.

Now – let’s be careful here:  Most employers have policies and procedures around when and how to report workplace injuries.  Most employers require you to report injuries to a supervisor as soon as they happen no matter how small the injury.  Make a commitment today, after reading this post, to look at your employee handbook and read the workplace injury policy.  Familiarize yourself with this policy, commit it to memory, so you know exactly what is expected of you if you get injured.

Even if you don’t know your employer’s specific policy, however, make sure to report all workplace injuries to a supervisor as soon as you are able to do so.  After you’ve reported the workplace injury, follow your employer’s instructions about what to do next.

What if my employer won’t pay for my treatment after I’ve been injured on the job?

In the event that you report your injury to your employer and your employer doesn’t let you fill out paperwork to file a workers’ compensation claim, you’ll need a workers’ compensation attorney.  While we aren’t workers’ compensation attorneys here at Madia Law, we have great relationships with a variety of workers’ compensation attorneys and would be happy to connect you with someone.

What if my employer fires me after I’ve been injured?

Your employer is not allowed to fire you because you got injured on the job.  For that matter, your employer is not allowed to treat you in any negative way because you’ve been injured on the job – that means that your employer is not allowed to demote you, cut your hours, cut your pay, or terminate you because you’ve been injured.

If you feel you’re being treated differently because you were injured on the job, call us at Madia Law for a free consultation.

Image: https://www.entrepreneur.com/article/244475

The short answer is: NO.  Your employer cannot fire you if you are pregnant.

And, to that end, in Minnesota your employer also cannot place you on an involuntary, unpaid leave when it finds out you are pregnant.

Under both state and federal law, an employer is not allowed to discriminate against you because you are pregnant.

But what does discrimination look like?

Nowadays, we don’t often see the “smoking gun” email where your employer writes “I am terminating you because you are pregnant.”

Rather, discrimination looks more like this:

Day 1:  You tell your employer your pregnant.

Day 7:  For the first time in your 3-year employment, you are written up for something no one else ever gets written up for.

Day 10:  You receive another write-up for something that doesn’t make any sense.

Day 15:  Your employer terminates you.

The discrimination we see in our offices is much subtler than perhaps it used to be.

So, what can you do?

First:  ALWAYS take notes.  Keep a small notebook with you at work or keep a document easily accessible on your phone.  Write down the dates you have important conversations, like when you tell your boss you’re pregnant.  Write down who is in the room when these conversations happen.  Write down where the meeting occurred and at what time of day.  Write down what you remember being said.  Notes from the actual day something happened are always more powerful than notes coming from your memory.

Second:  Try and follow-up in an email after you’ve had these conversations.  For some people this can feel aggressive, but it doesn’t need to be.  Try something like:

Dear [supervisor]:

 

Thank you for taking the time to meet with me today and discuss my exciting pregnancy news!  I appreciate your support.

 

I just wanted to make sure I understood everything you said today.  [Briefly recap your conversation].

 

If I misunderstood anything, or if you find out new information, please let me know!

 

Thank you, again.

Third:  Listen to your intuition.  If you feel like you are being discriminated against because you are pregnant, there’s no shame in calling an attorney to figure out whether your employer is breaking a rule.  Conversations with attorneys are strictly confidential and, if you call Madia Law, our initial consultation is free.

More information for women experiencing health issues related to their pregnancy…

Your employer also cannot fire you because your pregnancy is causing you to suffer from a health issue that may require an accommodation.

First of all, in the State of Minnesota, employers must provide pregnant women with:

• More restroom, water, and food breaks.
• A spot to sit, whether or not your job usually allows you to sit.

Additionally, employers cannot fire you for not being able to lift more than 20 pounds – they must accommodate your need either to abstain from lifting more than 20 pounds or your need for help when lifting more than 20 pounds.

No exceptions.

However, let’s say your pregnancy is causing you to suffer symptoms that cannot be solved by the above accommodations. Can your employer fire you then?

Again, the short answer is: NO.

Instead, your employer must engage in what’s called an interactive process.  This means, the employer must have a discussion with you about your medically necessary (meaning, you have a doctor’s note) work restrictions and your job description and figure out with you whether or not things can be done to accommodate those restrictions.

For example, let’s say pregnancy is causing you to suffer from frequent migraines.  Your doctor writes you a note telling your employer that these migraines would be less frequent if you were granted more breaks from staring at your computer and if you could work in a dim workspace.

First, take this doctor’s note to your supervisor.  Tell them that pregnancy is causing you to suffer from frequent migraines and that the doctor said these things would help.

Then, your employer should have a conversation with you about how the employer may be able to help accommodate your needs.

Pregnancy is an exciting experience!  Sometimes it can be an all-consuming experience.  But your pregnancy shouldn’t cause you issues at your job – the law helps make sure of that and protects you.

First of all – if you’ve just been terminated or laid off from your job and you’re looking for answers – we’re sorry that you’re going through this experience. In our country, we often identify with our jobs as part of who we are: losing a job can feel like losing part of your identity. Especially if you’ve given years of your life to a company, built relationships and friendships with your coworkers, and enjoy the work, losing a job can be devastating. On top of that, you’ve likely got more immediate concerns about how you’re going to pay the bills after losing your job and continue to support yourself and your family. We’re truly and sincerely sorry that you’re dealing with this. And I hope this article can help provide some answers.

1. Stabilize your income through unemployment benefits.

The most pressing thing many people need to do is make sure that they continue to have income during this period. Minnesota unemployment insurance is a great first step. In Minnesota, the standard to receive unemployment compensation is lenient toward employees – the State generally wants to make sure that people have a safety net during periods of unemployment.
Unless you were terminated for “misconduct,” you’re probably entitled to unemployment compensation. Misconduct does not include: substandard performance, failure to meet performance expectations, excessive tardiness, or other things like that – if you were terminated for substandard performance or failure to meet performance expectations, you’re still entitled to unemployment payments. Instead, “misconduct” usually means things like theft, assault, or some other kind of “serious violation” of the behavior an employer can reasonably expect.

So – the bottom line is that you’re probably eligible for unemployment benefits. You can apply for those benefits at this link. Learn more about Minnesota unemployment benefits here.

2. Don’t sign a severance agreement and release until you talk to a Minnesota employment lawyer.

Many employers will present employees that they fire or lay off with a “separation agreement” or “severance agreement.” Usually, the agreement will provide some amount of money as a severance payment – often as little as 2 – 4 weeks’ worth of wages – in exchange for the employee releasing the employer from any and all kinds of legal claims, including: wrongful termination, sexual harassment, discrimination, failure to accommodate, unpaid wages, and unpaid overtime.

Please don’t sign such an agreement until you’ve gotten a free consultation with an employment lawyer in Minnesota. It makes sense to have a professional evaluate your situation – for free – to determine if you have any potential claims against your employer. If you have such claims, then the amount of your severance payment can be negotiated much higher than your employer initially offered.

But you don’t know if you have any employment claims unless you talk to an employment lawyer. So please, don’t sign away your rights without talking to a lawyer first.

3. Write down your thoughts on why you believe that you were terminated.

Your employer probably gave you the reasons it says justified your termination. Some common reasons that Minnesota employers give are: failure to meet performance expectations; substandard performance; and decrease in business.

Do you agree with the reasons provided by your employer? That is: do you think that your employer is telling the truth as to why it fired you? If yes, fine. If not, sit down and think about what you believe the real reasons are that your employer terminated you – no matter what reasons your employer is saying. Here are some important things to think about:

•  Did you ever make a complaint about discrimination or harassment (including sexual harassment) in the workplace? If yes, when? Who did you make the complaint to? Who was it about? Do you believe that played a role in your termination? If yes, why do you believe that? This could form the basis of a wrongful termination or workplace retaliation claim under Title VII or the Minnesota Human Rights Act.

• Do you believe that your race, age, gender, pregnancy, disability, or sexual orientation was a factor in your termination? If yes, why do you believe that? This could be the basis of a wrongful termination or discrimination claim under Title VII or the Minnesota Human Rights Act.

•  Did you ever make a report of unlawful activity at work? Did you say that you believed the company or a supervisor or another employee was breaking the law? Did you think any of the company’s practices were unlawful? Who did you make the report to? When? Do you believe that played a role in your termination? Why do you think that? This could form the basis for a wrongful termination claim under the Minnesota Whistleblower Act.

•  Did you request medical leave at work? Do you think that was a factor in your termination? Why do you believe that? This could form the basis for a wrongful termination or interference claim under the Family and Medical Leave Act.

• Were you injured at work? Did you request workers compensation benefits?  Were you terminated shortly after your injury? This could form the basis for a workers compensation retaliation claim.

You may also want to think about:

• Were you ever sexually harassed at work? By whom? When?

• Did you work overtime? Were you paid time and a half for all overtime that you worked? Were you paid for all of your hours worked? Did you get meal and rest breaks? You may have claims under the Fair Labor Standards Act, Minnesota Fair Labor Standards Act, or Minnesota Payment of Wages Act.

Write down your thoughts to whichever of these questions you answered “yes” to or think are relevant. Your notes will help a Minneapolis employment lawyer analyze your claims during a free consultation.

4. Make a written request for your personnel file.

Minnesota law requires your employer to give you a copy of your personnel file upon written request by you. You should immediately request the file – in writing – after you termination so that you can review it and so that a Minnesota employment lawyer can review it. Here’s a sample written request that you can cut and paste (and fill in the relevant fields, like “date” and “address”) into an email or letter that you’ll send to your Human Resources department:

Date: _____________

To: Human Resources, Attention [NAME]
[YOUR EMPLOYER’S COMPANY NAME]
[COMPANY ADDRESS]

From: [YOUR NAME and ADDRESS]

Regarding: Request for Personnel File

Pursuant to Minn. Stat. 181.961, I request that you send me a complete and accurate copy of my personnel file. Please send the file to:
[YOUR ADDRESS].

Sincerely,
[YOUR NAME]

Make sure to save a copy of your email or letter request for your records.

5. Make a written request for the reason for your termination within 15 days of your termination.

Minnesota law also mandates that employers provide you the reason for your termination – in writing – if you make a written request for it within 15 days of your termination. This is important because it locks the employer into its story and makes it very difficult for them to change later when your employment lawyer proves their reason was false. Request this so that your employment lawyer can look at it during your free consultation. Here’s a sample written request that you can cut and paste (and fill in the relevant fields, like “date” and “address”) into an email or letter that you send to your Human Resources department or supervisor:

Date: _____________

To: Human Resources, Attention [NAME]
[YOUR EMPLOYER’S COMPANY NAME]
[COMPANY ADDRESS]

From: [YOUR NAME and ADDRESS]

Regarding: Request for Reason for Termination

Pursuant to Minn. Stat. 181.933, I request that you provide me the reason for my termination. Please send it to:
[YOUR ADDRESS].

Sincerely,
[YOUR NAME]

Make sure to save a copy of your email or letter request for your records.

Conclusion

No matter how you feel right now, please remember that you’re an amazing person who has a special gift to contribute to this world. Some of the greatest achievements and success stories belong to people who were fired by employers too dense to realize their gifts, including: Steve Jobs (of Apple Computers), Oprah Winfrey (Oprah!), JK Rowling (Harry Potter books), Walt Disney, and Thomas Edison. You’re in great company. Maybe this termination will serve you by allowing to pursue your passions and build something wonderful beyond your wildest dreams. Don’t let this get you down. One book you should think about reading is “Awaken the Giant Within”, by Tony Robbins.

Also, remember that you have rights. A host of federal and state laws protect you as an employee. Please take the steps above and schedule a free consultation with a Minnesota employment lawyer.

Workplace Fairness Law in Minnesota – the Basics.

Here’s a quick primer on workplace fairness in Minnesota.  Unfortunately, there’s no state or federal law mandating “fairness” at work.  There’s no law saying that employers need to hire good bosses or kind employees, or that employers need to make good business decisions.  So the bad news is that your employer doesn’t have to be “fair” to you.

But the good news is that there are Minnesota and federal laws that protect employees.  Specifically, Minnesota law prohibits discrimination in the workplace, including sexual harassment and hostile work environment.  As a Minnesota employee, you’re also protected from retaliation for whistle-blowing on activity that you believe is illegal or fraudulent.  Minnesota employment law also guarantees employees minimum wage and overtime pay.

Wrongful Termination in Minnesota

Minnesota is an “at-will”employment state. That means that your employer can fire you for any reason or no reason at all – even a stupid, incorrect, unfair, or unethical reason – provided that it’s not an illegal reason.

Employers can – and often do – make mistakes or bad business decisions when they terminate employees. Even if an employer’s actions are unfair, unethical, or bad business, the employer hasn’t broken the law unless they make an employment decision such as termination for an illegal reason. Sometimes, employment lawyers refer to these claims as “wrongful termination” claims. We mainly use “wrongful termination” as shorthand for clients – most of the illegal reasons for termination that form the basis for a lawsuit are discrimination, retaliation, or whistleblowing.

There are several illegal reasons for termination:

• The first illegal reason for termination is discrimination on the basis of race, age, sex, disability, or sexual orientation. Both Minnesota state law (through the Minnesota Human Rights Act) and federal law (through Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act) prohibit employment discrimination on the basis of inherent and arbitrary criteria like race, age, gender, disability, or sexual orientation.
• The second unlawful and wrongful reason for termination is retaliation or reprisal by an employer against an employee for making a complaint or report of discrimination. The Minnesota Human Rights Act and Title VII both prevent employers from retaliating against employees for making a report of unlawful discrimination – either against themselves or other employees.
• The third illegal reason for termination is retaliation for whistleblowing. Both federal law and state law protect whistleblower employees from suffering retaliation at their jobs for reporting conduct that they believe to be unlawful.
• The federal government allows certain employees up to 90 days in a calendar year for medical leave for themselves or to care for family members through the Family and Medical Leave Act. An illegal reason for termination is if an employer retaliates against an employee for exercising his or her FMLA rights.
• Minnesota protects its injured employees by preventing employers from retaliating against employees who get injured on the job and seek workers compensation benefits. Workers compensation retaliation is illegal. It is illegal for employers to terminate employees just because the employee was injured and sought workers compensation.

Hostile Work Environment Claims in Minneapolis

Even if you haven’t been terminated, you may still have an employment claim against your employer for hostile work environment. This claim is frequently misunderstood, though. It’s not enough to bring a lawsuit to state that your boss or employer is mean to you, doesn’t treat you right, or doesn’t do things the way you think they should be done. Rather, in order to have a legal claim, the hostile work environment must be based on discrimination.

For example, sexual harassment is a common type of hostile work environment claim. Basically, an employee alleges that her supervisors have made her work environment hostile by sexual comments, innuendo, propositions, or even grabbing and assault. Race, age, disability, and sexual orientation discrimination can all form the basis for a hostile work environment claim, but employment lawyers must have the ability to prove that the harassment at work was on account of the employees, race, gender, sex, age, disability, or sexual orientation. For better or worse, there is no law mandating kindness by employers to employees or among peers. Hostile work environment claims must be based on some form of unlawful discrimination.

Minnesota Minimum Wage, Overtime, and Unlawful Deductions Claims

Both Minnesota and the United States mandate that employers pay employees minimum wage and pay time and a half for overtime work. Minnesota also prohibits unlawful deductions from employees’ paychecks by employers. The Fair Labor Standards Act and Minnesota Fair Labor Standards Act prohibit retaliation by employers against employees for making reports of unlawful wage and hour practices, such as failing to properly pay minimum wage or time and a half for overtime.

The mandatory minimum wage is different under state and federal law. The state mandated minimum wage is currently $7.75 per hour and the federal minimum wage is $7.25 per hour. That means that Minnesota businesses must pay Minnesota employees the higher of the two – the state minimum wage of $7.75 per hour. As part of this, all work done by employees for employers must be “on the clock.” If companies require employees to do work “off the clock” – before, during, or after their shifts – then the employees likely have a minimum wage claim against the employer.

Also, under federal law, all hours worked per week over 40 by an employee are considered overtime and must be paid at time and a half. Under Minnesota state law, all hours worked over 48 by an employee are considered overtime and must be paid at time and a half. Minnesota companies must abide by both sets of laws: as a practical matter, that means that Minnesota employers must pay employees time and a half for all hours worked in a week over 40. If a company fails to do this, the employee likely has an overtime claim against the employer.

Minnesota and federal plaintiff employment lawyers frequently bring these claims – for minimum wage, overtime, or unlawful deductions – as collective actions or class actions on behalf of all employees affected by the wrongful conduct. Oftentimes, employers short many employees on their paychecks, require off the clock work from many employees, or don’t properly pay overtime or minimum wage to entire groups of employees. Employment lawyers who represent employees then can bring claims on behalf of the entire group of employees to get compensation for all.

Proving Minnesota Discrimination, Wrongful Termination, Hostile Work Environment, or Wage and Hour Claims

Wrongful Termination and Discrimination Claims in Minnesota

Very rarely will an employer admit that it terminated an employee for an illegal, discriminatory reason. Usually, even if the employer actually discriminated on the basis of age, race, disability, gender, or sexual orientation, the employer will make up and offer a different, non-discriminatory reason for termination. For example, the employer might claim that it terminated the employee based on poor performance. In order to prevail on a wrongful termination or discrimination claim, you must prove that the reason offered by the employer is a pretextual reason that is just being said so that the employer can avoid having to say the actual, illegal reason for termination.

We’ve got a couple ways that we use to prove pretext on behalf of employees. First, you can demonstrate that the reason given by the employer is just factually wrong. So, for example, if the employer claims that it terminated an employee for poor performance, but actually gave the employee high performance reviews for a number of years and has no written records of any discipline or counseling of the employee, then we’ve created a fact question for a jury regarding whether the reason given by the employer is the real reason for termination, or just a pretextual reason designed to mask unlawful discrimination.

Second, we can prove that the reason given by the employer isn’t the real reason for termination because it wasn’t equally applied to similarly situated employees. So, if the employer claims that it terminated someone for poor performance, but the employee’s peers actually had equal or worse performance reviews than the terminated employee – or documented performance problems that that employee didn’t have – than we’ve created a fact issue regarding whether the employer’s stated reason for termination is the actual reason, or just a pretextual reason designed to mask unlawful discrimination.

Minneapolis Hostile Work Environment Claims 

We prove these claims by basically documenting the maltreatment that employees have received. A couple things are very important here. First, we need to show that the hostile work environment was on account of your age, race, sex, disability, or sexual orientation. So employees can testify or offer other evidence about comments, drawings, emails, or other events that demonstrate that the maltreatment was motivated by discrimination.

Second, the employee needs to show that he or she took steps to notify management of the problem, but management took no action. For example, if an employee believes that her coworkers are sexually harassing her by making sexual comments or grabbing her or whatever, she needs to notify a supervisor as soon as possible. The employer is not liable for the acts of rank and file employees. So just because her coworkers are sexually harassing her, the employer is not automatically liable. The employer is liable, though, if it knows about the sexual harassment and doesn’t take corrective action to protect the employee. So if the employee notified a supervisor about the sexual harassment, and the supervisor did nothing, and the harassment continued, then the employee has a strong case for hostile work environment sexual harassment against the employer.

Minimum Wage, Overtime, and Unlawful Deductions Claims in Minneapolis and St. Paul.

In some ways, these claims are easier to prove than discrimination claims because we don’t need to prove an employer’s intent – we don’t need to show what was going on inside an employer’s head. The only thing we need to prove is that an employee worked a certain number of hours that he or she wasn’t properly paid for, or that unlawful deductions were taken from their checks.

The first thing that we’ll review are your paychecks and your timesheets, to see if they match. Sometimes, they may match but an employer has required you to work off the clock, so the off the clock time isn’t documented. Do your best to keep your own notes or log of the time that you work off the clock, so that we can recreate those hours when seeking damages.

However, ultimately, an employee’s testimony alone is sufficient evidence regarding the amount of hours worked off the clock if an employer has failed to keep accurate records of time worked.

We’re Minnesota Employment Lawyers Who Focus on Plaintiffs’ Employment, Wrongful Termination, Harassment, Discrimination, Retaliation, and Wage and Hour Cases

We represent employees across Minnesota in wrongful termination, discrimination, retaliation,sexual harassment, FMLA, minimum wage and overtime, disability, workers compensation retaliation, and hostile work environment cases. We’ve been honored to take on – and beat – some of the largest employers in the country that broke the law.

You probably have many questions right now, like:

• I’ve been out of work for months now and am having trouble finding a job. Who will cover my lost wages?
• I’ve suffered emotional distress as a result of my employer’s harassment and wrongful termination. Can I get the medical care and compensation that I need?
• My employer wants me to sign a severance agreement that includes a release of all of employment claims. Should I sign it?

These are just some of the questions that workers and employees have after suffering a wrongful termination by their employer. Our employment lawyers can help you answer these questions and will aggressively advocate and litigate on your behalf, so that you can start the process of getting your life back to normal.

You May Be Entitled to Lost Wages, Emotional Distress Compensation, and Punitive Damages

For wrongful termination and discrimination claims, you may be entitled to back pay and front pay damages, emotional distress compensation, treble damages under the Minnesota Human Rights Act, punitive damages under both the Minnesota Human Rights Act and Title VII, and your attorney fees and costs. You may even be entitled to get your job back.

For hostile work environment claims, state and federal law allow you to recover any lost wages, emotional distress damages, treble damages (that means three times the amount of actual damages), punitive damages under both the Minnesota Human Rights Act and Title VII, and your attorney fees and hard costs.

For workers compensation retaliation actions, Minnesota allows plaintiffs to recover back and front pay damages, punitive damages, and attorney fees and hard costs.

In minimum wage, overtime, and unlawful deductions actions brought under the Minnesota Fair Labor Standards Act or Fair Labor Standards Act, employees may recover up to 3 years worth of unpaid wages or overtime pay, plus an equal amount as liquidated damages, in addition to attorney fees and costs.

Under the Family Medical Leave Act, plaintiff employees may recover lostback pay and front pay, plus an email amount as liquidated damages, in addition to your attorney fees and costs.

Contact Our Minnesota Workplace Fairness Lawyers for a Free Consultation.

You must act quickly when it comes to employment claims. If you wait, there may be strict statutes of limitation that will bar you from filing any claim at all against your employer. Call Madia Law today to discuss your case.

All consultations are free. During your consultation, we’ll discuss the strengths and weaknesses of your case, the potential value of your case (e.g. how much your case is worth), and the best way to proceed. There’s some information that we’ll need when you call, so if possible, please have it handy, including: who did you work for what did you do how long did you work there how much did you earn when were you terminated what was the reason given by the employer for your termination and why do you think the termination was unlawful or wrongful. If you have this information handy, it will allow us to proceed to the heart of your case very quickly and give you good legal advice.

The process for a free consultation with our employment lawyers is pretty simple. First, call our firm. You’ll talk to a clerk for about 5-10 minutes. They’ll get some basic information about you and your case.

About 3 or 4 hours later, you’ll get a call from us. If you’ve got a case that’s a little outside our wheelhouse, then we’ll will call you and give you a referral for an attorney that we think is better suited to handle your case. Our number one goal is to make sure you get the best representation possible for your particular matter – if that’s not us, we’ll tell you immediately and get you to someone else that we trust.

If we think that we can help you, then someone will call you and set an appointment for you to talk to one of our employment lawyers. We’ll call you at time that works for you and discuss your case and give you our honest assessment of its strengths, weaknesses, and value. We’ll then set a time where you can come to our office and meet your employment lawyer personally – at that time, we’ll discuss your case in more detail, sign a contingency fee retainer agreement, and talk about the process of moving forward with your case.

When you come in to meet your employment lawyer, please bring all relevant documents that you want us to look at, including: pay-stubs personnel file (if you have it) employment handbook (if you have it) any letters from your employer, including your termination letter any text messages or emails that you think are important and any other documents that you think might be helpful.

We Represent Minneapolis Employees.

Corporations and big businesses will always be able to pay corporate lawyers to defend them.  For most corporations, paying hourly rates of $400 – $500 to attorneys to litigate their cases is no big deal.  And – there’s no shortage of corporate law firms willing to accept the money and do their bidding.

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Wrongful Termination in Minneapolis

Minnesota is an “at-will” employment state and Minneapolis is an “at will” employment city. That means that your employer can fire you for any reason or no reason at all – even a stupid, incorrect, unfair, or unethical reason – provided that it’s not an illegal reason.

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Yesterday, Madia Law Attorney Joshua Newville argued before the Minnesota Supreme Court in Sanchez v. Dahlke Trailer Sales, Inc., No. 15-1183. The precedent-setting case has enormous implications for undocumented workers who are injured on the job in Minnesota.

If you are an individual considering service in the uniformed services or a service member returning from a deployment, you may have questions or concerns about your potential or current employment.  In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).  38 U.S.C. § 4301.  The legislation acts “to encourage noncareer service,” “to minimize the disruption to the lives of persons performing service,” and “to prohibit discrimination against persons because of their service.”  The USERRA may help you make the decision to become a member of the uniformed services or may protect you if you are already a member.

The USERRA protects uniformed service members, and those considering a such service, in 3 important ways:

1.

First, the USERRA guarantees noncareer service members reemployment in the same position and with the same benefits as they had before being called to duty.  “Benefits” is a general category under the USERRA that encompasses what we traditionally understand as benefits, such as healthcare and vacation time, and also encompasses pay.  38 U.S.C. § 4316.  So, for example, if Jane works for Corporation making $25 per hour as a human resources specialist, with full health benefits, and PTO and is called to serve for less than 5 years, when Jane returns from deployment, the USERRA guarantees her reemployment in her job as a human resources specialist, at $25 per hour, with full health benefits, and PTO.

2.

Second, the USERRA guarantees that noncareer service members are reemployed at the same seniority and with the same benefits that they would have attained had that individual remained continuously employed, without any interruption caused by deployment.  Id.  So, imagine that Joe works for Corporation making $25 per hour as a Human Resources Specialist, with full benefits, and PTO and is called to serve for less than 5 years.  While Joe is deployed, Corporation undergoes a restructuring and Joe’s position as a human resources specialist becomes a Human Resources Representative.  Human Resources Representatives make $30 per hour, maintain full benefits, and receive more PTO than the Human Resources Specialists received.  When Joe returns from deployment, he is entitled to a position as a Human Resources Representative making $30 per hour, with full benefits and the same amount of PTO as the other Human Resources Representatives.

Another example of how this second protection may work is if Corporation has a promotional procedure that allows Human Resources Representatives to become Human Resources Experts.  Before Joe leaves, all of his peers work as Human Resources Specialists.  While he is deployed, the position of Human Resources Specialist becomes Human Resources Representative.  Also, while he is deployed, all of his peers undergo a bi-annual training that makes them eligible to become Human Resources Experts and, in fact, some of his peers do become Human Resources Experts.  When Joe returns, he is likely entitled to receive the same bi-annual training to become eligible to become a Human Resources Expert and he may also be entitled to the promotion depending on how Corporations promotional process works.

3.

Third, the USERRA guarantees that service members are not discriminated against or retaliated against.  38 U.S.C. § 4311.  This means that an employer’s decision to hire, terminate, promote, or take other employment actions cannot be motivated by the fact that an individual is a servicemember.  Id. (a); see also Id. (c)(1).  “Servicemember” is used in this blog post to include: any person that is “a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the uniformed services.”  Id.

As a corollary, an employer may not take an adverse employment action against a servicemember (1) for taking action to force the employer to comply with the USERRA, (2) testifying or making a statement in connection with the USERRA, (3) assisting or participating in an investigation authorized by the USERRA, or (4) exercising a right provided by the USERRA.  Id. (b); see also id. (c)(2).

So, if Jane applies to be in the National Guard and Corporation terminates her and Jane can show that Corporation’s termination of her employment was motivated by the fact that she applied to be in the National Guard, Jane can seek remedies under the USERRA.

If, when Joe returns from deployment, he tells Corporation that he needs to be paid $30 per hour like the rest of his peers and Corporation terminates him, if Joe can show that Corporation terminated him because Joe demanded Corporation’s compliance with the USERRA, Joe can seek remedies under the USERRA.

Madia Law is a law firm owned by a veteran and dedicated to protecting the rights of those serving our Country, or considering undertaking the duty of serving our Country.  For more information about your rights as a servicemember, please call our offices or go to https://www.dol.gov/vets/programs/userra/.

Last week, a Minnesota man was awarded $3.5 million after he was ousted from a family banking business.

After Stephen Habberstad came out as gay, his relatives forced him out of his job. Habberstad subsequently filed a sexual orientation discrimination lawsuit. While the family defended the lawsuit by arguing that they terminated Haberstand for business reasons, Steele County Judge Joseph Bueltel concluded that, “[t]he truth is: Stephen Habberstad was terminated because he is gay.”

Judge Bueltel also determined that the defendants made “ham-fisted attempts to obfuscate the truth.”

Habberstad’s verdict, which mostly represents lost past and future earnings, is believed to be one of the largest sexual orientation discrimination verdicts in Minnesota history.

Since the early 1990’s, the Minnesota Human Rights Act has made it illegal for employers to discriminate on the basis of sexual orientation. As a result, employers who treat employees disparately on account of sexual orientation may be subject to a private lawsuit and/or enforcement action by the Minnesota Department of Human Right.

On Monday, June 6, 2016, Madia Law secured a victory at the Minnesota Court of Appeals on behalf of an injured, undocumented worker who was fired after pursuing workers’ compensation benefits.

The case is a win for undocumented workers, as the Defendant argued that such workers are not entitled to the protections of Minnesota anti-reprisal laws.

The decision holds:

1. Undocumented workers are entitled to the protections of Minn. Stat. 176.82, subd. 1. The defendant employer argued that such a cause of action is preempted by the federal Immigration Reform and Control Act.

2. Putting an undocumented employee on an indefinite, unpaid leave constitutes an adverse employment action under the Minnesota Workers Compensation Act. The defendant employer argued that the Act defines adverse action only to include termination.

Sanchez’s appeal was about whether Minnesota law permits an employer—having enjoyed the fruits of an employee’s labor for many years without any objection to that employee’s undocumented immigration status—to then use that status to claim exemption from anti-retaliation and anti-discrimination laws.

Yesterday, the U.S. Supreme Court issued a ruling affecting the statute of limitations (the period of time in which one is allowed to file a lawsuit for alleged unlawful acts) for constructive discharge claims.

In Green v. Brennan, the plaintiff employee had worked as a postmaster in Colorado. After he was denied a promotion that was given to another employee with less seniority and lesser qualifications, he filed a complaint alleging racial discrimination. He later filed a subsequent complaint of retaliation.

The employee was put on a six-month leave. At the conclusion of the leave, he was given the choice between resigning or accepting a demotion to an office hundreds of miles away in Wyoming (to a position that paid considerably less). In light of the terrible options, he resigned and filed a constructive discharge complaint five months later.

The employer argued that the suit was barred by a statute of limitations, claiming that the last discriminatory act  triggered the clock on acceptable filing period, which had lapsed before the complaint was filed. The plaintiff argued that his resignation triggered the filing period, thereby rendering his complaint timely.

The Supreme Court agreed with the plaintiff, holding that the filing period on a constructive discharge claim does not begin to run until the date of the employee’s resignation. The Court explained that because resignation is a necessary element for causes of action alleging constructive discharge case, such claims cannot be brought until after an employee resigns. The Court also clarified that the filing period begins to run on the date that the employee tenders their resignation, as opposed to the last date of employment.

The result of this holding is that Minnesota employees now have 300 days after giving notice of their resignation to bring a constructive discharge claim based on discrimination.

On Wednesday, Madia Law joined the Equal Employment Opportunity Commission and Ebeltoft Sickler in requesting that the United States District Court for the District of North Dakota approve a quarter-million dollar settlement and consent decree.

The case, EEOC and Matthew Clark v. American Casing & Equipment, Inc., No. 4:15-CV-66-DLH/CSM (D. N.D.) stems from Madia Law client Matthew Clark’s filing of a charge of discrimination in February 2014, a few weeks after he was fired by American Casing & Equipment, Inc. (“American Casing”). After the EEOC found probable cause to conclude that American Casing engaged in discrimination and retaliation, the EEOC and Mr. Clark filed suit against the company in federal court.

Last week, the parties reached a settlement during a federal court mediation. In addition to payment to Mr. Clark, the settlement includes a Consent Decree requiring American Casing to submit to oversight by the EEOC for two years. American Casing must also make a written apology. Mr. Clark was represented by Madia Law Attorney Joshua Newville. American Casing was represented by Ebeltoft Sickler Attorney Nicholas Grant. The EEOC was represented by Attorney Tina Burnside.

What follows is a summary of Mr. Clark’s allegations, including slightly edited and abbreviated excerpts from his Complaint. Mr. Clark and the EEOC alleged that American Casing violated Title VII of the Civil Rights Act of 1964 and the North Dakota Human Rights Act. (more…)

On March 23, 2016, a three-judge panel of the Minnesota Court of Appeals will hold a non-oral hearing in Sanchez v. Dahlke Trailer Sales, Inc., No. 15-1183. The precedent-setting case has enormous implications for undocumented workers who are injured on the job in Minnesota.

In our justice system there are multiple options for resolving disputes. Most often people associate our justice system with a Court of Law – one party files a lawsuit against another party and then the two duke it out in court.

While this is certainly a method of dispute resolution used often, and certainly a process with which Madia Law is familiar, it is not the only way to resolve an issue between two parties. (more…)

Workplace safety laws and regulations exist to ensure that employers, particularly those in dangerous industries, keep their employees as safe as possible. An employer’s failure to abide by such laws can and should mean serious consequences. That’s exactly what isn’t happening in North Dakota’s booming oil and gas industry.

Last Week Tonight host John Oliver spent twenty minutes talking about the problem on his show last night:

Since 2006, there has been an average of at least one death every six weeks in North Dakota’s oil fields. Yet, as Oliver explains, the lack of regulation and enforcement in North Dakota, combined with legal loopholes, have given employers little incentives to substantively address the safety epidemic

On Thursday, a Miami federal jury ordered Moreno Farms Inc., a produce farming operation in southern Florida, to pay $17.4 million to five former employees who were victims of sexual harassment and retaliation. The award was for $15 million in punitive damages and $2.4 million in compensatory damages.

The victims were hired between October and December 2011 to work as vegetable packagers inside the farm’s warehouse facility. The farm owner’s sons, who were also supervisors, were among three supervisors accused of sexually harassing female migrant workers, including groping and raping them. According to the Complaint in the case, the female workers were also victims of offensive comments and repeated threats that they would be fired if they refused the men’s sexual advances. In one instance, Omar Moreno allegedly told one plaintiff who rejected his repeated propositions for sex, “I know you need this job, you need to do what I say or you will die of hunger.” The Complaint also alleged that some of the victims were raped inside mobile home trailers near the area where they worked and that all of them were eventually fired by the farm in retaliation for refusing their harassers.

“Having long been silenced by shame and fear, this trial offered these five women the opportunity to give voice publicly to their experiences and their desire for justice,” Beatriz André, an EEOC lawyer said in a statement.

In a memo dated December 15, 2014 from United States Attorney General Eric Holder to United States Attorneys and other officials, the Attorney General has declared that Title VII of the Civil Rights Act of 1964‘s prohibition of sex discrimination encompasses discrimination based on gender identity, including transgender status.

The Attorney General wrote,

“The most straightforward reading of Title VII is that discrimination ‘because of  . . . sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

The memo comes after Congress failed to pass the Employment Non-Discrimination Act, which would provide a Title VII-equivalent prohibition on discrimination based on sexual orientation and/or gender identity. While the memo shows the federal government playing catchup with many courts’ interpretation (The Justice Department previously declared that Title VII per se didn’t prohibit discrimination based on gender identity), it is a sign of hope for those who have been discriminated against in the workplace based on their gender identification.

However, because courts have widely found that Title VII does not prohibit discrimination based on sexual orientation, it will take passage of the Employment Non-Discrimination Act to protect gay and lesbian individuals from discrimination at work that is not based on sex stereotyping.

Two days ago, in a win for Minnesota employees, the Minnesota Court of Appeals declared that whistleblower protection under Minn. Stat. § 181.932 extends back six years. The case, which was before the appellate panel pursuant to remand by the Minnesota Supreme Court, is still progressing its way through the courts, with the plaintiff finally set to get a jury trial on claims brought over four years ago.

Minnesota’s whistleblower statute protects employees who are wrongfully terminated (or suffer other adverse employment action) at work because of reporting or otherwise opposing their employer’s unlawful conduct. The statute’s goal is to provide remedy for workers by allowing them to pursue a civil lawsuit against the employer that illegally discharged them. The statute reads:

Subd. 2.Disclosure of identity.

The identity of any employee making a report to a governmental body or law enforcement official under subdivision 1, clause (1) or (4), is private data on individuals as defined in section 13.02. The identity of an employee providing information under subdivision 1, clause (2), is private data on individuals if:

(1) the employee would not have provided the information without an assurance that the employee’s identity would remain private, because of a concern that the employer would commit an action prohibited under subdivision 1 or that the employee would be subject to some other form of retaliation; or

(2) the state agency, statewide system, or political subdivision reasonably believes that the employee would not have provided the data because of that concern.

If the disclosure is necessary for prosecution, the identity of the employee may be disclosed but the employee shall be informed prior to the disclosure.

Subd. 3.False disclosures.

This section does not permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth.

Subd. 4.Collective bargaining rights.

This section does not diminish or impair the rights of a person under any collective bargaining agreement.

Subd. 5.Confidential information

This section does not permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law