Kitzer Rochel Recognized as a Tier 1 Law Firm in Employment Law by Best Law Firms® 2025

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We are proud to share that Kitzer Rochel, PLLP has been recognized in the 2025 edition of Best Law Firms® as a Tier 1 law firm in Employment Law – Individuals in Minneapolis.

This honor reflects our firm’s continued commitment to advocating for employees and protecting workplace rights throughout Minnesota. Recognition by Best Law Firms® is based on a rigorous evaluation process, including client feedback, peer reviews, and professional achievements.

“Being named a Tier 1 firm for Employment Law is a testament to our dedication to providing exceptional representation and achieving meaningful results for our clients,” said partner Brian Rochel. “We’re grateful for the trust our clients place in us and for our colleagues’ recognition of our work.”

The Best Law Firms® ranking is one of the most respected distinctions in the legal industry. Firms included demonstrate professional excellence and consistently receive impressive ratings from clients and peers.

To learn more, visit BestLawyers.com.

Phillip Kitzer Appears on MPR News to Discuss Free Speech and Workplace Discipline

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On September 22, 2025, Phillip Kitzer appeared on MPR News to discuss the legal boundaries of employee speech and how employers may lawfully—or unlawfully—respond to workplace expression.

During the segment, Phillip explained that while employees do have First Amendment protections, those apply only to government actors; private-sector employers have more latitude to discipline speech that conflicts with workplace policies, is disruptive, or violates laws. He also discussed the recent suspension of Jimmy Kimmel following controversial on-air comments and threats made by the FCC Chair, as well as the growing trend of colleges terminating professors for political speech both in and outside the classroom.

For employees concerned they may have been unlawfully punished for what they said—or for employers unsure how to balance free speech and workplace order—Kitzer Rochel offers representation and advice. If you believe your employer unfairly disciplined or terminated you over protected expression, our firm can help you evaluate your rights and pursue relief. Visit www.kitzerrochel.com

Kitzer Rochel Attorney Brian Rochel Quoted in Law360

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Kitzer Rochel, PLLP is proud to announce that partner Brian Rochel was recently quoted in Law360 Employment Authority in an article covering the upcoming Eighth Circuit arguments on Minnesota’s construction worker classification law.

The case—Minnesota Chapter of Associated Builders and Contractors Inc. et al. v. Nicole Blissenbach et al.—challenges a 2024 law establishing a 14-factor test for determining whether construction workers are properly classified as independent contractors. Trade groups argue that the statute is too vague to enforce, while the State of Minnesota contends the plaintiffs lack standing to bring the challenge.

In his comments, Brian explained that the dispute raises a fundamental question: whether the law creates a “tough but clear compliance standard” or instead a “vague, punitive approach” that contractors cannot realistically follow. He also noted that the Eighth Circuit may weigh whether contractors must begin complying now or whether courts should take a “wait-and-see” approach.

This litigation has important implications for Minnesota workers and employers. Worker misclassification can deprive employees of critical protections like minimum wage, overtime pay, and benefits, while also creating compliance uncertainty for employers.

The full Law360 article, “8th Circ. To Weigh Minn. Classification Challenge” (Sept. 12, 2025), can be accessed here.

Phillip Kitzer Presents on Employment Investigations at Minnesota CLE

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Workplace investigations are a critical part of maintaining a fair and compliant work environment, but mistakes in the process can create new legal problems. At a recent Minnesota CLE seminar, “Playing the Right Next Move: Guidance for Addressing Common Mistakes and Their Consequences,” Phillip Kitzer of Kitzer Rochel, PLLP joined Jenny Gassman Pines of Green Espel to share practical strategies for conducting effective, lawful investigations.

The presentation highlighted how rushed or biased investigations can lead to defamation, retaliation, or discrimination claims. It also explored modern risks such as improper electronic searches, privacy violations, and unauthorized access to employee data. Clear employer policies and consistent investigative methods are key to minimizing these risks.

The discussion also addressed overbroad confidentiality requirements, which can violate the National Labor Relations Act, and the ethical boundaries for attorneys who serve as investigators. The takeaway: thorough, neutral, and well-documented investigations not only protect employees but also help maintain workplace trust.

Kitzer Rochel represents employees who have faced retaliation, discrimination, or wrongful termination following internal investigations. If you believe your employer conducted an unfair or biased investigation that led to discipline or discharge, our team can help you understand your rights and pursue justice. For more information, visit www.kitzerrochel.com.

Frances Baillon Selected for Minnesota Lawyer’s Power 30 List for Labor & Employment

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We are proud to announce that Frances Baillon, an attorney at Kitzer Rochel, has been selected for Minnesota Lawyer’s Power 30 list for Labor & Employment.

Frances has built an exceptional reputation as a recognized advocate for those who have been treated unfairly by the illegal practices of employers.

This marks another significant recognition for Frances, who has previously been named to Minnesota Lawyer’s Power 30 list, demonstrating her consistent excellence and ongoing impact in the field of labor and employment law.

At Kitzer Rochel, Frances continues to represent employees who have faced workplace discrimination, harassment, and retaliation, bringing both compassion and tenacity to every case. Her recognition on this year’s Power 30 list underscores our firm’s commitment to providing exceptional legal representation to those who need it most.

Congratulations to Frances on this well-deserved honor.

Phillip Kitzer Joins Panel on Mental Health, Disability Law, and Workplace Conduct

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Mental health conditions can significantly affect employees’ behavior and performance at work—and when that happens, both employees and employers often struggle to understand their rights and responsibilities. At a recent Minnesota CLE presentation, “When Problematic Employee Behavior Stems from a Mental Health Condition,” Phillip Kitzer of Kitzer Rochel, PLLP joined Amy Conway of Stinson LLP and Dr. Andrea Lovett of MorningStar Psychological Services to discuss how mental health intersects with employment law.

The presentation explored how conditions such as depression, anxiety, bipolar disorder, substance use disorders, and personality disorders can impact the workplace, and what legal protections apply under disability laws like the Minnesota Human Rights Act and the ADA. Employers have a duty to engage in an interactive process to identify reasonable accommodations—such as flexible schedules, quiet workspaces, or short-term leave—that allow employees to perform their essential job duties safely and effectively.

However, the law also sets boundaries. Employers do not have to excuse conduct that violates clear, consistently applied workplace policies or creates a direct safety risk. The key, the presenters emphasized, is consistency, documentation, and respect: treating employees fairly while ensuring workplace safety and accountability.

Kitzer Rochel represents employees who have been disciplined, denied accommodations, or terminated because of a mental health condition. If you believe your employer mishandled your situation or failed to accommodate your needs, our attorneys can help you understand your rights and pursue appropriate remedies. Visit www.kitzerrochel.com

Phillip Kitzer, Frances Baillon, and Brian Rochel Again Named Super Lawyers; Frances Rated Top 100 and Top 50 Women Lawyers

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Kitzer Rochel is proud to announce that our attorneys have once again been recognized for their outstanding legal work in Minnesota. Frances Baillon, Phillip Kitzer, and Brian Rochel have each been selected as 2025 Minnesota Super Lawyers for another year.

In addition, Frances Baillon earned special honors by being named to both the lists of Top 50 Women Super Lawyers in Minnesota and Top 100 Minnesota Super Lawyers for another year.

These honors reflect not only the individual excellence of our attorneys but also the collective strength of our firm. Super Lawyers is a nationally respected rating service that annually recognizes top attorneys through a rigorous selection process. This process includes nominations from peers, independent research, and evaluations by a blue-ribbon panel of attorneys. Being named to the Super Lawyers list is a prestigious recognition of consistent professional achievement, ethical standards, and peer recognition.

We are incredibly grateful to our clients, peers, and the broader legal community for their continued trust and support. At Kitzer Rochel, we remain deeply committed to providing the highest quality legal advocacy, driven by integrity, expertise, and compassion. We look forward to another year of dedicated service to our clients and community.

Brian Rochel Presents at National Employment Lawyers’ Association’s Annual Convention

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Last week, Brian Rochel had the privilege of presenting at the National Employment Lawyers Association (NELA) Annual Convention in Baltimore, MD. Brian’s presentation, “Anatomy of an Arbitration,” walked through the arbitration process step by step, from strategy considerations before filing through final hearing and enforcement of awards.

Many employees are forced into arbitration due to mandatory arbitration clauses in their employment agreements. Arbitration can feel mysterious and intimidating, especially since it is a private process and decisions are often not public. In his presentation, Brian aimed to demystify arbitration for fellow employee advocates by many ways that arbitration actually benefits workers. Brian and his fellow panelists discussed, among other things:

  • Strategic considerations before filing: weighing risks, costs, forum rules, and arbitrator selection.
  • Pleading standards and motions practice in arbitration forums.
  • Discovery in arbitration, including handling document requests, depositions, and subpoenas under applicable rules.
  • Pre-hearing and dispositive motions: when and how to file, and strategic pitfalls.
  • The arbitration hearing itself: preparation, presenting evidence, direct and cross-examination, and closing arguments.
  • Post-hearing considerations, including enforcement, vacatur, and potential appeals.

As employee advocates, it is critical that we do not run from arbitration but embrace it the same way we embrace jury trials–and do our best to win for our clients.

Brian thanks NELA for the invitation to speak, and to the many attorneys across the country who continue to fight for employee rights in every forum—courtrooms, arbitrations, and beyond.

Phillip Kitzer Presents at the Employment Law Institute on Litigating Employment Cases When AI Is in Play

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At a recent continuing legal education program hosted by the Employment Law Institute of the Upper Midwest (ELI), Phillip Kitzer of Kitzer Rochel, PLLP joined Damien Riehl, Karen Odash, and moderator Jack Sullivan to present “Litigating Employment Cases When AI Is in Play.” The session explored how artificial intelligence tools are transforming workplace decisions—and how those changes are raising new challenges in employment litigation.

The presentation examined two common scenarios where AI is now influencing employment outcomes: hiring and termination. The panel discussed how algorithmic resume screeners and automated decision-making tools can create unintended bias or disparate impact, particularly in age and discrimination cases. They also addressed the risks of using generative AI in performance reviews or disciplinary documentation, where inaccuracies or “hallucinations” can expose employers to wrongful termination or spoliation claims.

Panelists shared practical strategies for both plaintiffs and defendants, including how to obtain and preserve AI-related evidence such as training data, prompts, and algorithmic outputs. They emphasized the importance of transparency in vendor contracts, documentation of AI use, and the ethical duty to ensure fairness and accountability when technology is involved in personnel decisions.

The takeaway: AI is not a shield against liability. Lawyers and employers alike must understand how these tools work, plan for discovery, and develop responsible AI policies to ensure fairness in the workplace.

Kitzer Rochel represents employees in complex employment disputes, including discrimination and wrongful termination cases involving AI or algorithmic decision-making. To learn more, visit www.kitzerrochel.com