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Minnesota Supreme Court Affirms Broad Protection for Whistleblowers

August 9, 2017/in Blog, Employment, News

Brian Rochel Named to 2017 Up and Coming Attorneys List

June 30, 2017/in Uncategorized

Teske Katz Kitzer & Rochel is proud to announce that partner Brian Rochel has been named to Minnesota Lawyer’s list of 2017 Up & Coming Attorneys. Mr. Rochel was among one of only 23 honorees this year, all chosen by an outside panel consisting of past Honorees. Attorneys were selected based on their professional accomplishments, […]

Minnesota Supreme Court Affirms Broad Protection for Whistleblowers

August 9, 2017/in Blog, Employment, News

Brian Rochel Named to 2017 Up and Coming Attorneys List

June 30, 2017/in Uncategorized

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Minnesota Supreme Court Affirms Broad Protection for Whistleblowers

August 9, 2017/in Blog, Employment, News

Today, the Minnesota Supreme Court ruled in favor of employees, holding that the Minnesota legislature intended to overrule caselaw that limited Minnesota’s Whistleblower Act (MWA) when it amended the law in 2013. The case, Freidlander v. Edwards Life Sciences, centered around the definition of “good faith.” The MWA protects employees from retaliation if they report illegal conduct in “good faith.” Prior to 2013, the statute provided no definition for the term “good faith.” Beginning in 2002, the Minnesota Supreme Court limited that definition in several cases. The effect of the court’s narrow definition was to limit protections for employees, leaving no legal recourse for many employees were fired for reporting unlawful conduct. These decisions undermined the purpose of the Minnesota Whistleblower Act by making it it much more difficult for employees to report unlawful activity without losing their jobs. Consequently, in 2013, the Minnesota Legislature took action, defining “good faith” as any report that is not knowingly false or in reckless disregard of the truth. By doing so, the Legislature restored the broad protections of the MWA.

Several companies, including Edwards Life Sciences, and the Chamber of Commerce, disagreed with the Legislature’s intent and argued that the judicially-created, narrow definition of “good faith” still applied, even though the legislature changed the law. In a case that affects virtually every employee in Minnesota, the Supreme Court rejected this argument, and held that the legislature intended to change the definition, stating that the employer’s reading would “render the ‘good faith’ definition section of the 2013 amendment superfluous, and run afoul of our presumption that the Legislature intends to change the law when it amends a statute.”

The decision was unanimous, with Chief Justice Gildea authoring the opinion. The decision solidifies the Legislature’s effort to ensure that employees are protected from being fired or retaliated against if they report violations of law, or suspected violations of law, to their employer or to third parties. Employees must make such reports in “good faith,” which means that they are not protected if they lie or make reports in reckless disregard of the truth.

The case was successfully argued by Adam Hansen of Apollo Law, and the plaintiff is represented by Halunen Law and Nichols Kaster. Phillip Kitzer, Douglas Micko and Brian Rochel of Teske Katz Kitzer & Rochel also participated on behalf of Minnesota NELA, who appeared as amicus curiae arguing in favor of the broader interpretation.

If you would like to learn more, or if you believe you have experienced retaliation at work, contact Teske Katz Kitzer & Rochel today.

Brian Rochel Named to 2017 Up and Coming Attorneys List

June 30, 2017/in Uncategorized

Mr. Rochel practices on behalf of employees in employment-related legal disputes. He has held numerous leadership roles in the legal community, including Vice President of the Minnesota chapter of the National Employment Lawyers Association (NELA), a board member of the 8th Circuit NELA Chapter, a board member of the Federal Bar Association’s (FBA) national Younger Lawyers Division, and co-chair of the FBA Labor and Employment Section’s Publications and Public Relations Committee. Mr. Rochel has written and spoken on a wide variety of topics in employment law and has been instrumental in organizing several employment law conferences throughout the country. Mr. Rochel also contributes to his community by serving as a volunteer facilitator and board member of the Seward Longfellow Restorative Justice Partnership since 2011. This program is a pioneering non-profit organization that utilizes restorative justice to address the harm caused by juvenile offenders through South Minneapolis by facilitating meetings between victims and offenders as an alternative to traditional juvenile justice. Mr. Rochel has been named a “Rising Star” by Super Lawyers every year since 2012, and most recently was selected as “Author of the Year” by the Federal Bar Association’s Labor & Employment Section for his outstanding work.

Please join Teske Katz Kitzer & Rochel in congratulating Brian on this wonderful achievement! If you would like to consult with Brian or another of our attorneys, please contact us (https://kitzerrochel.com/contact-employment-whistleblower-attorneys-minneapolis/) today.

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