John A. Klassen, P.A.
612-217-4988 877-390-4527

Minneapolis Wrongful Termination Law Blog

How do you file a Minnesota employment discrimination claim?

In most cases, Minnesota employees understand that a certain rapport should exist in the workplace. But, if an employee in Minnesota or other states across the nation experience unequal or unfair treatment, they may want to consider taking steps to correct it. In matters involving workplace discrimination, employees should be aware of their rights and their ability to file a cause of action. Although the civil rights of employees are often understood, some question how they go about filing a claim for employment discrimination.

According to the U.S. Equal Employment Opportunity Commission (or EEOC), when discrimination occurs in the workplace, an employee is afforded the right to file a claim against their employer. In order to initiate the claim, the employee should file the claim to one of the 53 EEOC field offices and should consider filing it with the one closest to their place of residence.

Right to jury in worker's comp retaliation cases in Minnesota

Working in a hostile work environment is anything but ideal, and Minnesota employees should understand their rights regarding this situation. This is especially true when a worker experiences employer retaliation. These events could occur when an employee speaks out or takes action against the wrongful treatment of an employer in the work environment. Employees should be aware of their rights and how they could take action against employer retaliation and wrongful discharge.

The Minnesota Supreme Court recently ruled that employees have the right to a jury trial when they allege retaliation under the Minnesota Workers' Compensation Act. This decision was based off of a recent case that involved a maintenance worker that was injured on the job but his foreman failed to file an accident report. The next, the employee was informed that if he filed a report of the incident, he would be fired.

Civil actions based on disability discrimination in the workplace

A workplace should be an environment where employees feel comfortable. Employees in Minnesota should understand that if an individual is being treated differently or harassed due to physical or mental disabilities, this is a serious issue that should be acted upon. Our firm understands that it could be challenging to speak out about disability discrimination, especially when an individual is being subjected to it, but employees should understand their rights and what steps they can take to end the harassment and the hostile work environment in which they are currently work.

There are various signs of disability discrimination in the workplace. In some cases, an employer disallows an employee to take off the necessary time to receive treatment for his or her disability. In other cases, this form of discrimination occurs when an employer fails to make reasonable accommodations for the employee who has the disability.

Disability discrimination and reasonable accommodations

When individuals in Minnesota believe they were not hired based on a disability or feel that employers are treating them unfairly due to their disability, this might be a case of discrimination. Employees and applicants have civil rights regarding their treatment, and if they are discriminated against due to a disability, they might have a cause of action.

Disability discrimination is illegal in the state of Minnesota, and this form of discrimination could come in various forms. One form is not making reasonable accommodations in the workplace for those who have a disability. Whether it is a physical, sensory or mental impairment, employers are required to make reasonable accommodations for those employees with disabilities.

EEOC files nationwide suit against FedEx for discrimination

For those in Minnesota suffering from a disability, most do not allow their disability to prevent them from doing certain things, such as tasks at a job. Furthermore, it is their right that their disability not be used against them in the hiring or firing process at a place of employment. When employment discrimination occurs because of an individual's disability, they might have a cause of action for the damages suffered by this event.

It was recently reported that the U.S. Equal Employment Opportunity Commission filed a nationwide lawsuit against FedEx for disability discrimination. It was reported that the suit was based on claims of discrimination against a large class of package handlers and job applicants that are hard-of-hearing or deaf.

Understanding whistleblower protection and workplace violations

When employees in Minnesota witness or believe there is a violation in the workplace, they should be able to speak out or report these violations. Our firm understands that it can be a difficult decision to report an employer, but employees should understand their rights regarding whistleblower protection. These protections or rights have been put in place in order to promote such opposition or reporting of workplace violations. Employees should be aware of these rights so they feel comfortable taking action to protect their and their coworkers' well-being.

In many situations, it is considered a heroic action when employees take a stance to oppose or report their employer for violations of state or federal laws. While some employees are fearful that their employer will retaliate if they discover they took action, whistleblower rights help protect employees in these situations.

What rights does the whistleblower protection act provide?

For the most part, employees in Minnesota are able to get through the work day and the work year without any major negative events occurring in the workplace. But when a violation occurs in the work environment and an employee is aware of it, he or she should feel comfortable in reporting the incident. Furthermore, if one does speak out about the violation one experienced the employer sometimes retaliates. Some employees question whether they have any recourse in this situation.

What rights does the whistleblower protection act provide employers? According to the Whistleblower Protection Program, the act includes more than 20 statutes that protect employees that report violations occurring in the workplace. Specifically, it protects employees from discrimination, retaliation and wrongful termination for the adverse action they have taken against the known violations of their employers.

Civil rights violations and addressing workplace discrimination

It is important that individuals in Minnesota and other states across the nation understand their rights. When an employee faces workplace discrimination, they should understand that this is a civil rights violation. Employment discrimination could cause serious damage to the employee, and they should understand how to address the issue properly.

Recently, the commissioner of the Minnesota Department of Human Rights spoke at a community forum. He spoke about and highlighted the efforts of the state to achieve both equality and inclusion in the workplace and other areas such as health care, state government practices as well as procurement practices. An important part of his presentation was the commissioner's discussing ways to deal with these forms of discrimination and causes of action available to the victims of discrimination.

Combating disability discrimination and filing a civil action

While it is common for people with disabilities to become comfortable with their temporary or permanent disabilities, those dealing with disabilities should never become comfortable with enduring discrimination or harassment in the work environment due to their disabilities. Our firm understands the seriousness of employment discrimination in the workplace and seeks to assist Minnesota employees when these events occur. Getting a better understanding of their situation and rights can help employees deal with these events and even file a cause of action for the damages that they have suffered as a result.

When an employee is combating disability discrimination, he or she should understand that this treatment is illegal. This occurs most frequently when an employer is not allowing an employee to take time off to seek treatment for his or her disability, fails to make reasonable accommodations in the work environment for the disability or harasses the employee due to his or her disability.

Making a claim of wrongful termination in Minnesota

Employees in Minnesota might encounter bad days at work, but that does not mean that they should not address any issues they experience in the work environment. If an employee discovers unlawful treatment such as employment discrimination, it is important that they take note of these events and call attention to the appropriate group or person. In some matters, when an employee speaks out or is unfairly treated, they could lose their job through firing or layoff due to employer retaliation. If a job termination is not done properly or is carried out based on discrimination, the employee might have a claim for wrongful termination.

To begin, employees should note why a wrongful discharge is unlawful. If an employee is fired or laid off due to personal characteristics such as age, race or disability, this may violate state and federal anti-discrimination laws. Other illegal reasons for termination could also relate to sexual harassment, violation of employment agreements, violation of labor laws or firing an employee based on retaliation.

Defending the Civil Rights of Vulnerable People

When employers discriminate or allow harassment and retaliation to take place or continue, we are dedicated to holding them accountable for their unlawful actions.

Office Location & Contacts
John A. Klassen, PA
10 South Fifth Street
700 Lumber Exchange
Minneapolis, MN 55402

Phone: 612-217-4988
Toll Free: 877-390-4527
Fax number: 612-204-4534