What to Do About Employer Retaliation at Work in Minneapolis
While in some situations litigation in the state or federal courts will be the most effective way to resolve the problem on favorable terms, in other cases a negotiated severance might achieve substantially similar results more quickly and inexpensively.
Just as employees are entitled to certain workplace rights under state and federal law, employees are protected from retaliation by their employers for invoking those rights. Retaliation can take a variety of forms: poor performance reviews, undesirable transfers or work assignments, suspension, probation or termination. Contact us to discuss your case with a knowledgeable lawyer.
Client: HR Director in corporate center of major multi-national locally based Fortune 50 Company with over 30 years of devoted, successful service.
Problem: Client was terminated in RIF and offered one week of pay for every year of service, with some favorable stock vesting terms, but forfeiture of unvested options.
Approach: Larry Schaefer litigated age discrimination and retaliation claims successfully through extensive discovery and over 10 depositions, overcoming summary judgment and preparing for two-week trial.
Solution: Secure settlement of over 600K one month before trial, with termination converted to resignation, reference letter, and more favorable stock vesting terms.
Client: Three high-performing, long-tenured female sales representatives of Oncology-focused Pharmaceutical Sales Company
Problem: Clients were terminated after alleging sex discrimination/harassment claims, allegedly for sales results and other failure to follow policy/foster “teamwork”.
Approach: Larry Schaefer filed detailed Federal Court Complaint in California alleging retaliation and gender discrimination/harassment and engage California legal counsel retained by company in mediation as a result.
Solution: Mediation resulted in aggregate settlement for three clients for in excess of 600K, with terminations converted to resignation and reference letters and outplacement services.
Client: Company Chief Information Officer on involuntary leave.
Problem: Placed on leave and threatened with termination for alleged policy violations after complaining about CEO’s abusive and discriminatory conduct toward his department, serious data privacy invasions against employees, and false statements made against CIO.
Approach: Larry Schaefer raised whistleblower, retaliation and defamation claims in draft Complaint sent to counsel hired by company, and engage directly in extensive negotiations concerning appropriate separation terms.
Solution: Secured over six months of severance, waiver of non-compete and other terms which allowed CIO to immediately move to similar position in other arm of organization in Tennessee.
Too often, employees encounter retaliation in the workplace for such prohibited reasons as the following:
- Filing a workers’ compensation claim
- Taking family leave, medical leave or pregnancy leave
- Reporting illegal conduct on the part of a co-worker, manager, or supervisor
- Cooperating with a government investigation into the employer’s finances, labor practices or workplace safety procedures
- Reporting a publicly traded company’s violations of the Sarbanes-Oxley Act
- Supporting a co-worker’s complaint of discrimination, retaliation, or sexual harassment
- Engaging in protected whistleblower activity under federal or Minnesota law
The key to success in a retaliation claim is proving the connection between adverse employer action and conduct by an employee that is expressly protected by law.
In many cases, however, it makes sense to use the evidence of retaliation developed in our investigation of the facts as leverage in negotiating a severance package that reflects fair compensation to the employee. By the time the situation approaches litigation, the relationship between the company and the employee is usually damaged beyond repair, and it’s healthier for the individual to move on.
Schaefer Halleen, LLC,’s employment lawyer’s in Minneapolis work hard to ensure that you can depart a toxic workplace atmosphere on the most favorable terms possible. We also offer sound advice about what you can expect in a negotiated severance, and when it makes sense to take your claims to court.
For additional information about the best ways to protect your rights in a case of employer retaliation in Minnesota, North Dakota or western Wisconsin, contact Schaefer Halleen, LLC in Minneapolis for a free consultation.
Do You Have Questions About Employment Law In Minnesota?
Explore Our Employment Law Video Library
Schaefer Halleen, LLC is pleased to share our employment law video library. Experiencing workplace issues involving discrimination and/or harassment can be stressful, confusing, and intimidating. Our experienced attorneys have built their careers around helping people like you navigate complex employment law matters in Minnesota.
We value clear communication, powerful advocacy, and compassion for clients facing workplace problems. From negotiating your employment contract to helping with discrimination or wrongful termination cases, our team knows the intricacies of Minnesota employment law. Over the years, we’ve developed special niches serving medical professionals, executives, female professionals, and members of the LGBTQ community.
Check out the videos below to hear from the experienced owners of Schaefer Halleen, attorneys Lawrence P. Schaefer and Toni L. Halleen. You can also jump to a particular section using the menu provided.
FAQs About Minnesota Retaliation Cases
Unlawful retaliation occurs when an employer takes adverse action against an employee for engaging in conduct that is expressly protected by law. Adverse action can take a variety of forms: poor performance reviews, undesirable transfers or work assignments, suspension, probation, or termination. An employee engages in protected conduct when they report or complain about illegal conduct in the workplace or otherwise assert their legal rights. Some examples of protected conduct include complaining about sexual harassment, reporting discrimination, requesting disability accommodation, and filing a workers’ compensation claim,
Yes, if the retaliation you’ve experienced violates state or federal law, you may bring a lawsuit against your employer for unlawful retaliation. However, you should consult with an experienced employment attorney to discuss your options. Depending on the law that was violated you may have to meet certain conditions before initiating your lawsuit, such as filing a charge of retaliation with the EEOC.
Your employment discrimination attorney can help you compile the evidence that is necessary to prove retaliation occurred. It will vary from case to case, but a skilled lawyer will be able to formulate a successful strategy. The key to success in a retaliation claim is proving the connection between adverse employer action and conduct by an employee that is expressly protected by law.
Some cases of retaliation are harder to prove than others, but you will have a chance to prevail if you work with an experienced and knowledgeable retaliation attorney in Minneapolis. Your retaliation claim will be successfully proven if your attorney can use the evidence to demonstrate the connection between illegal adverse employer action and your conduct as an employee.